52:4B-10. Persons entitled to compensation; order
| 10. In any case
in which a person is injured or killed by any act or omission of any other
person which is within the description of the offenses listed in section
11 of P.L.1971, c.317, the agency may, upon application, order the payment
of compensation in accordance with the provisions of P.L.1971, c.317:
a. to or on behalf of the victim,
b. in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or
c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of such dependents.
In determining whether to make an order under this section, the agency may consider any circumstances it determines to be relevant, including provocation, consent or the behavior of the victim which directly or indirectly contributed to his injury or death, the prior case history, if any, of the victim and any other relevant matters.
An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of such act or omission. Upon application made by an appropriate prosecuting authority, the agency may suspend proceedings under P.L.1971, c.317 for such period as it deems appropriate on the ground that a prosecution for an offense arising out of such act or omission has been commenced or is imminent.
For the purposes of P.L.1971, c.317, a person shall be deemed to have intended an act or omission notwithstanding that by reason of age, insanity or otherwise, he was legally incapable of forming a criminal intent.