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Restitution — “Victim” — “Family Member” — Mother, Aunt

State v. Garren G. Gribble, 2001 WI App 227, PFR filed
For Gribble: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether, on a conviction for homicide of a child, the child’s mother and aunt could be considered victims within the meaning of § 973.20(1r) so as to support restitution for their counseling costs.

Holding: “Victim” in § 973.20(1r) is assigned the meaning of “victim” in § 950.02(4)(a), ¶71; and, because a mother is, under the latter provision, a “family member” and hence a “victim,” the mother in this case is entitled to restitution, ¶¶75. However, because an aunt is not a “family member” under§ 950.02(3), her restitution order must be vacated.

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