State v. Hensley

Citations

• 206 N.E.3d 77
• 2023 Ohio 119

Syllabus

Because Marsy's Law defines a \victim\ as a person who is both \directly and proximately\ harmed by a criminal act, it is not enough that there be merely a causal connection between the criminal act and the harm ultimately sustained by a third-party such as an insurer. The resulting harm must not only be the \proximate\ result of the criminal act but must also be the \direct\ result of the criminal act. Because an insurance company is not a \victim\ under Marsy's Law, there is no constitutional or statutory authority for a trial court to order a criminal defendant to pay restitution to an insurance company as part of his sentence.