Section 12.1-41-09 - Restitution1. The court shall order a person convicted of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for: a. Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney's fees and costs; andb. An amount equal to the greatest of the following, with no reduction for expenses the defendant incurred to maintain the victim: (1) The gross income to the defendant for, or the value to the defendant of, the victim's labor or services or sexual activity;(2) The amount the defendant contracted to pay the victim; or(3) The value of the victim's labor or services or sexual activity, calculated under the minimum wage and overtime provisions of the Fair Labor Standards Act, [29 U.S.C. 201 et seq.] or section 34-06-22, whichever is higher, even if the provisions do not apply to the victim's labor or services or sexual activity.2. The court shall order restitution under subsection 1 even if the victim is unavailable to accept payment of restitution.3. If the victim does not claim restitution ordered under subsection 1 for five years after entry of the order, the restitution must be paid to the crime victims restitution and gift fund under section 54-23.4-05.Added by S.L. 2015 , ch. 117( SB 2107 ), § 2, eff. 8/1/2015.