Utah Court of Appeals
Can Utah courts include lost paid time off in criminal restitution orders? State v. Tuyisenge Explained
Summary
Eric Tuyisenge pled guilty to rape and was ordered to pay restitution for the victim’s lost wages, including compensation for paid time off she used to cover work missed due to the assault. Tuyisenge argued that the victim suffered no pecuniary loss because she was paid through her PTO and that the value of the PTO was speculative.
Practice Areas & Topics
Analysis
Background and Facts
Eric Tuyisenge pled guilty to rape and was sentenced to pay restitution to the victim for time she missed from work as a result of the assault. The victim had used her accrued paid time off (PTO) to compensate for the missed work days. Tuyisenge challenged the district court’s restitution order, arguing that the victim suffered no pecuniary loss because she was paid through her PTO, and that the value of the PTO was speculative since there was no evidence she planned to use it later.
Key Legal Issues
The Utah Court of Appeals addressed whether the Crime Victims Restitution Act allows courts to include lost PTO as a pecuniary loss in restitution orders. Under Utah Code § 77-38b-205(1)(a), restitution must include “the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.” The statute defines pecuniary damages as “all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred.”
Court’s Analysis and Holding
The Court of Appeals affirmed the district court’s restitution order. The court reasoned that it could make a reasonable inference that the victim would have used her PTO at a later date had she not needed it to cover work missed due to Tuyisenge’s criminal conduct. The court found that the loss of PTO constitutes an economic injury because PTO has easily calculable economic value and forms part of an employee’s benefits package. The court cited persuasive authority from other jurisdictions, including People v. Perez and In re Ryan A., which held that lost PTO falls within the scope of lost wages for restitution purposes.
Practice Implications
This decision expands the scope of recoverable damages under Utah’s restitution statutes. Practitioners should document all employee benefits used by victims to cover time missed due to criminal conduct, including PTO, sick leave, and vacation time. Defense attorneys should be prepared to address the economic value of such benefits in plea negotiations and sentencing hearings, while prosecutors should gather evidence of the monetary value of any benefits the victim expended.
Case Details
Case Name
State v. Tuyisenge
Citation
2026 UT App 61
Court
Utah Court of Appeals
Case Number
No. 20250435-CA
Date Decided
April 16, 2026
Outcome
Affirmed
Holding
The loss of paid time off (PTO) used to compensate for work missed due to criminal conduct constitutes a pecuniary loss that can be included in a restitution order under the Crime Victims Restitution Act.
Standard of Review
Not specified in the opinion
Practice Tip
When calculating restitution for lost wages, include the value of any paid time off or other employee benefits the victim used to cover missed work, as these constitute demonstrable economic injuries under Utah’s Crime Victims Restitution Act.
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