Utah Code > Title 35A > Chapter 8 – Housing and Community Development Division
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Terms Used In Utah Code > Title 35A > Chapter 8 - Housing and Community Development Division
- Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this chapter. See Utah Code 76-7a-101
- Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
- Abortion clinic: means a type I abortion clinic licensed by the state or a type II abortion clinic licensed by the state. See Utah Code 76-7a-101
- Abortion clinic: means the same as that term is defined in Section
26B-2-201 . See Utah Code 76-7-301 - Abuse: means the same as that term is defined in Section
80-1-102 . See Utah Code 76-7-301 - Access: means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them. See Utah Code 76-6-702
- Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult: means an individual who is 21 years old or older. See Utah Code 75A-8-102
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affinity: means a relationship by marriage. See Utah Code 76-1-101.5
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
- Agent: means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. See Utah Code 76-2-201
- Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
- Allegation: something that someone says happened.
- Allocated volume cap: means a volume cap for which:(1)(a) a certificate of allocation is in effect; or(1)(b) bonds have been issued. See Utah Code 35A-8-2102
- Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
- Alternative nicotine product: includes :
(1)(b)(i) pure nicotine;(1)(b)(ii) snortable nicotine;(1)(b)(iii) dissolvable salts, orbs, pellets, sticks, or strips; and(1)(b)(iv) nicotine-laced food and beverage. See Utah Code 76-10-101- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amusement device: includes :
(1)(b)(i) a video game;(1)(b)(ii) a driving simulator;(1)(b)(iii) an electronic game;(1)(b)(iv) a claw machine;(1)(b)(v) a bowling game;(1)(b)(vi) a shuffleboard game;(1)(b)(vii) a skee-ball game;(1)(b)(viii) a pool table;(1)(b)(ix) a pinball machine;(1)(b)(x) a target machine; and(1)(b)(xi) a baseball machine. See Utah Code 76-10-1101- Amusement facility: means a facility that:
(2)(a) is operated primarily for the purpose of providing amusement or entertainment to customers;(2)(b) is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device;(2)(c) receives a substantial amount of the facility's revenue from the operation of amusement devices; and(2)(d) does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antique firearm: means :
(1)(a)(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;(1)(a)(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:(1)(a)(ii)(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or(1)(a)(ii)(B) uses rimfire or centerfire fixed ammunition which is:(1)(a)(ii)(B)(I) no longer manufactured in the United States; and(1)(a)(ii)(B)(II) is not readily available in ordinary channels of commercial trade; or(1)(a)(iii)(1)(a)(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and(1)(a)(iii)(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition. See Utah Code 76-10-501- Antiquities: means :
(1)(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and(1)(b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- Appropriate reward: means a reward that:
(3)(a)(i) an individual receives as a result of the individual's participation in or use of an amusement device; and(3)(a)(ii) provides:(3)(a)(ii)(A) full and adequate return for money, a token, or other consideration or value invested into the amusement device;(3)(a)(ii)(B) an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value;(3)(a)(ii)(C) a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or(3)(a)(ii)(D) tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Area of operation: means :
(1)(a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or(1)(b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 75A-7-102
- Assisted reproductive treatment: means a method of causing pregnancy by any means other than through sexual intercourse, including:
(1)(a) intrauterine or intracervical insemination;(1)(b) donation of eggs or sperm;(1)(c) donation of embryos;(1)(d) in vitro fertilization and embryo transfer; and(1)(e) intracytoplasmic sperm injection. See Utah Code 76-7-401- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
- Authorization: means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See Utah Code 76-6-702
- Automated sales suppression device: means :
(1)(a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or(1)(b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Bequest: Property gifted by will.
- Biological agent: means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product, that is capable of causing:
(1)(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;(1)(b) deterioration of food, water, equipment, supplies, or material of any kind; or(1)(c) deleterious alteration of the environment. See Utah Code 76-10-401- Blighted area: means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals. See Utah Code 35A-8-401
- Board: means the special district board of trustees. See Utah Code 17B-1-701
- Board: means the Housing Board created by this part. See Utah Code 35A-8-501
- Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601
- Board: means the Navajo Revitalization Fund Board. See Utah Code 35A-8-1702
- Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Bona fide stockholder of record: means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to his interests as a stockholder. See Utah Code 76-10-701
- Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
- Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401
- Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, Utah Code 35A-8-302
- Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the accounts of others. See Utah Code 75A-8-102
- Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
- Budget: means a plan of financial operations for a fiscal year that includes:
(3)(a) estimates of proposed expenditures for given purposes and the proposed means of financing them;(3)(b) the source and amount of estimated revenue for the district for the fiscal year;(3)(c) fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and(3)(d) capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701- Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
- Capital project: means an expenditure for land, improvements on the land, or equipment intended to have long-term beneficial use. See Utah Code 35A-8-1702
- Capital projects: means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use. See Utah Code 35A-8-1601
- Catalytic converter: means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions. See Utah Code 76-6-1402
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
- Child sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image, picture, or video, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(1)(a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;(1)(b) the visual depiction is:(1)(b)(i) of a minor engaging in sexually explicit conduct; or(1)(b)(ii) artificially generated and depicts an individual with substantial characteristics of a minor engaging in sexually explicit conduct; or(1)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. See Utah Code 76-5b-103- Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette. See Utah Code 76-10-101
- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
(3)(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or(3)(b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101- City: means a city or town in the state. See Utah Code 35A-8-401
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401
- Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
- Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
- Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Common mail carrier: means a person engaged in or transacting the business of collecting, transporting, or delivering mail, other than the United States Postal Service. See Utah Code 76-6-1001
- Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
(1)(a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and(1)(b) is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002- Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002
- Community Services Block Grant: means the Federal Community Services Block Grant Act, Utah Code 35A-8-1002
- Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computer: means any electronic device or communication facility that stores, processes, transmits, or facilitates the transmission of data. See Utah Code 76-6-702
- Computer network: means :
(4)(a) the interconnection of communication or telecommunication lines between:(4)(a)(i) computers; or(4)(a)(ii) computers and remote terminals; or(4)(b) the interconnection by wireless technology between:(4)(b)(i) computers; or(4)(b)(ii) computers and remote terminals. See Utah Code 76-6-702- Computer property: includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them. See Utah Code 76-6-702
- Computer system: means a set of related, connected or unconnected, devices, software, or other related computer equipment. See Utah Code 76-6-702
- Computer technology: includes :
(7)(a) a computer;(7)(b) a computer network;(7)(c) computer hardware;(7)(d) a computer system;(7)(e) a computer program;(7)(f) computer services;(7)(g) computer software; or(7)(h) computer data. See Utah Code 76-6-702- Concealed firearm: means a firearm that is:
(3)(a)(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and(3)(a)(ii) readily accessible for immediate use. See Utah Code 76-10-501- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Confidential: means data, text, or computer property that is protected by a security system that clearly evidences that the owner or custodian intends that it not be available to others without the owner's or custodian's permission. See Utah Code 76-6-702
- Consanguinity: means a relationship by blood to the first or second degree, including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew. See Utah Code 76-1-101.5
- Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
- Constituent entity: means any county, city, or town that levies property taxes within the boundaries of the district. See Utah Code 17B-1-701
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a private or public corporation, association or trust issuing a security. See Utah Code 75A-7-102
- Corporation: means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in
Title 16, Chapter 7, Corporations Sole . See Utah Code 76-2-201- County: means a county in the state. See Utah Code 35A-8-401
- County: means :
(3)(a) Duchesne County; or(3)(b) Uintah County. See Utah Code 35A-8-1601- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-8-102
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Creditor: means :
(1)(a) a creditor or other claimant of the settlor existing when the trust is created; or(1)(b) a person who subsequently becomes a creditor, including whether or not reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured:(1)(b)(i) holding or seeking to enforce a judgment entered by a court or other body having adjudicative authority; or(1)(b)(ii) with a right to payment. See Utah Code 75B-1-301- Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(1)(a) that is currently in operation;(1)(b) that has as one of its primary activities the commission of one or more predicate gang crimes;(1)(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and(1)(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(1)(a) that is currently in operation;(1)(b) that has as one of its substantial activities the commission of one or more predicate gang crimes;(1)(c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and(1)(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902- Criminal syndicalism: means the doctrine that advocates crime, violence, force, arson, destruction of property, sabotage, or other unlawful acts or methods, as a means of accomplishing or effecting industrial or political ends, or as a means of effecting industrial or political revolution. See Utah Code 76-8-901
- Critical infrastructure: includes :
(9)(a) a financial or banking system;(9)(b) any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or other transportation system intended for the transportation of persons or property;(9)(c) any public utility service, including a power, energy, gas, or water supply system;(9)(d) a sewage or water treatment system;(9)(e) a health care facility, as that term is defined in Section 26B-2-201;(9)(f) an emergency fire, medical, or law enforcement response system;(9)(g) a public health facility or system;(9)(h) a food distribution system;(9)(i) a government computer system or network;(9)(j) a school; or(9)(k) other government facilities, operations, or services. See Utah Code 76-6-702- Curio or relic firearm: means a firearm that:
(5)(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:(5)(a)(i) sporting use;(5)(a)(ii) use as an offensive weapon; or(5)(a)(iii) use as a defensive weapon;(5)(b)(5)(b)(i) was manufactured at least 50 years before the current date; and(5)(b)(ii) is not a replica of a firearm described in Subsection (5)(b)(i);(5)(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;(5)(d) derives a substantial part of its monetary value:(5)(d)(i) from the fact that the firearm is:(5)(d)(i)(A) novel;(5)(d)(i)(B) rare; or(5)(d)(i)(C) bizarre; or(5)(d)(ii) because of the firearm's association with an historical:(5)(d)(ii)(A) figure;(5)(d)(ii)(B) period; or(5)(d)(ii)(C) event; and(5)(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under Utah Code 76-10-501- Custodial property: means :
(7)(a) any interest in property transferred to a custodian under this chapter; and(7)(b) the income from and proceeds of that interest in property. See Utah Code 75A-8-102- Custodian: means a person so designated under Section
75A-8-110 or a successor or substitute custodian designated under Section75A-8-119 . See Utah Code 75A-8-102- Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the special district. See Utah Code 17B-1-701
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dangerous weapon: means :
(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5- Dangerous weapon: means :
(6)(a)(i) a firearm; or(6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501- Dating relationship: means a romantic or intimate relationship between individuals. See Utah Code 76-10-501
- Dealer: means :
(2)(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:(2)(a)(i) junk dealers as defined in Section 76-6-1402;(2)(a)(ii) solid waste management facilities as defined in Section 19-6-502; or(2)(a)(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:(2)(a)(iii)(A) retailers;(2)(a)(iii)(B) wholesalers;(2)(a)(iii)(C) battery manufacturers; and(2)(a)(iii)(D) secondary lead smelters. See Utah Code 76-6-1402- Dealer: means a person who is:
(8)(a) licensed under Utah Code 76-10-501- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivery system: means :
(2)(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or(2)(b) any vector. See Utah Code 76-10-401- Denial of service attack: means an attack or intrusion that is intended to disrupt legitimate access to, or use of, a network resource, a machine, or computer technology. See Utah Code 76-6-702
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Department: means the Department of Health and Human Services. See Utah Code 76-7a-101
- Department: means the Department of Health and Human Services. See Utah Code 76-7-301
- Dependent: A person dependent for support upon another.
- Detained individual: means an individual detained under Section
77-7-15 . See Utah Code 76-5-101- Devise: To gift property by will.
- Director: means the director of the division. See Utah Code 35A-8-101
- Director: means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. See Utah Code 76-10-701
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distribute: means , with or without consideration, to sell, exhibit, display, provide, give, grant admission to, provide access to, or otherwise transfer. See Utah Code 76-5b-103
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1601
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1702
- Domestic support obligation: means :
(2)(a) a child support judgment or order;(2)(b) a spousal support judgment or order; or(2)(c) an unsatisfied claim arising from a property division in a divorce proceeding. See Utah Code 75B-1-301- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 76-10-501
- Donor: The person who makes a gift.
- Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7a-101
- Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7-301
- Dwelling: means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present. See Utah Code 76-6-201
- Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401
- Electronic cash register: means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data. See Utah Code 76-6-1302
- Electronic cigarette: includes an oral device that is:
(4)(b)(i) composed of a heating element, battery, or electronic circuit; and(4)(b)(ii) marketed, manufactured, distributed, or sold as:(4)(b)(ii)(A) an e-cigarette;(4)(b)(ii)(B) an e-cigar;(4)(b)(ii)(C) an e-pipe; or(4)(b)(ii)(D) any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101- Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101
- Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101
- Eligible entity: means :
(4)(a) the Navajo Nation;(4)(b) a department or division of the Navajo Nation;(4)(c) a Utah Navajo Chapter;(4)(d) the Navajo Utah Commission;(4)(e) an agency of the state or a political subdivision of the state; or(4)(f) a nonprofit corporation. See Utah Code 35A-8-1702- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- Enter: means :
(4)(a) intrusion of any part of the body; or(4)(b) intrusion of any physical object under control of the actor. See Utah Code 76-6-201- Enter: means intrusion of the entire body. See Utah Code 76-10-501
- Enter or remain unlawfully: means a person enters or remains in or on any premises when:
(3)(a) at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and(3)(b) the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises. See Utah Code 76-6-201- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Etching: means defacing, damaging, or destroying hard surfaces by means of an abrasive object, a knife, or an engraving device, or a chemical action which uses any caustic cream, gel, liquid, or solution. See Utah Code 76-6-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- False statement: includes a false unsworn declaration. See Utah Code 76-8-501
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Federal Firearms Licensee: means a person who:
(11)(a) holds a valid Federal Firearms License issued under Utah Code 76-10-501- Federal government: includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States. See Utah Code 35A-8-401
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- female genital mutilation: means any procedure that involves partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including:
(1)(a) clitoridectomy;(1)(b) the partial or total removal of the clitoris or the prepuce;(1)(c) excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;(1)(d) infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;(1)(e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or(1)(f) any other actions intended to alter the structure or function of the female genitalia for non-medical reasons. See Utah Code 76-5-701- Ferrous metal: means a metal that contains significant quantities of iron or steel. See Utah Code 76-6-1402
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 75A-7-102
- Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 75A-8-102
- Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601
- Fire: means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose. See Utah Code 76-6-101
- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Flavored electronic cigarette product: includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint. See Utah Code 76-10-101
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
- Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
- Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
- Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501
- Gambling: includes a lottery. See Utah Code 76-10-1101
- Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
- Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101
- Gamete: means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete, including:
(2)(a) a sperm;(2)(b) an egg; or(2)(c) nuclear DNA from one individual combined with the:(2)(c)(i) cytoplasm of another individual; or(2)(c)(ii) cytoplasmic DNA of another individual. See Utah Code 76-7-401- Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:
(2)(a) establish control over one or more identifiable areas;(2)(b) intimidate others from entering those areas; or(2)(c) conceal illegal activities. See Utah Code 76-9-902- Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman. See Utah Code 76-7-301
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. See Utah Code 35A-8-401
- Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
- Graffiti: means any form of unauthorized printing, writing, spraying, scratching, painting, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act. See Utah Code 76-6-101
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grantor: The person who establishes a trust and places property into it.
- Grievous sexual offense: means :
(8)(a) rape, Section 76-5-402;(8)(b) rape of a child, Section Utah Code 76-1-101.5- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Habitable structure: means a structure that has the apparent purpose of or is used for lodging or assembling persons or conducting business whether a person is actually present or not. See Utah Code 76-6-101
- Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
- Health care provider: means an individual listed in Subsection 78B-3-403(12). See Utah Code 76-7-401
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Highway: includes :
(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5- Hoax weapon of mass destruction: means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not:
(3)(a) meet the definition of a weapon of mass destruction; or(3)(b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. See Utah Code 76-10-401- Hospital: means :
(5)(a) a general hospital licensed by the department; or(5)(b) a clinic or other medical facility to the extent the clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to a pregnant woman and an unborn child as would be provided for the particular medical procedure undertaken by a general hospital licensed by the department. See Utah Code 76-7a-101- Hospital: means :
(7)(a) a general hospital licensed by the department according to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and(7)(b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the department. See Utah Code 76-7-301- House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
- Housing affordability: means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- Housing project: includes :
(11)(b)(i) buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances;(11)(b)(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;(11)(b)(iii) facilities for administrative, community, health, recreational, welfare, or other purposes;(11)(b)(iv) the planning of the buildings and other improvements;(11)(b)(v) the acquisition of property or any interest in the property;(11)(b)(vi) the demolition of existing structures;(11)(b)(vii) the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and(11)(b)(viii) all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. See Utah Code 35A-8-401- Housing sponsor: means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing. See Utah Code 35A-8-501
- ICE: means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security. See Utah Code 76-9-1002
- Identifiable minor: means an individual:
(3)(a)(3)(a)(i) who was a minor at the time the visual depiction was created, adapted, or modified; or(3)(a)(ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and(3)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103- Identifiable vulnerable adult: means an individual:
(4)(a)(4)(a)(i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or(4)(a)(ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and(4)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103- Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
(4)(a) contains a numerical identifier and a photograph of the person identified;(4)(b) provides the date of birth of the person identified; and(4)(c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402- Identifying information: means a person's:
(12)(a)(i) social security number;(12)(a)(ii) driver license number;(12)(a)(iii) nondriver governmental identification number;(12)(a)(iv) bank account number;(12)(a)(v) student identification number;(12)(a)(vi) credit or debit card number;(12)(a)(vii) personal identification number;(12)(a)(viii) unique biometric data;(12)(a)(ix) employee or payroll number;(12)(a)(x) automated or electronic signature; or(12)(a)(xi) computer password. See Utah Code 76-6-702- Impact board: means the Permanent Community Impact Fund Board created under Section 35A-8-304. See Utah Code 35A-8-302
- Impact fund: means the Permanent Community Impact Fund established by this chapter. See Utah Code 35A-8-302
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Incapacitated: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Incapacity: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Income: means the same as that term is defined in Section
75A-5-101 . See Utah Code 75B-1-201- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insolvent: means :
(3)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;(3)(b) being unable to pay debts as they become due; or(3)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 75B-1-301- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5- Inter vivos: Transfer of property from one living person to another living person.
- Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interested person: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Interlocal agency: means a legal or administrative entity created by a subdivision or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 35A-8-302
- Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
- Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Issuing authority: means :
(7)(a) any county, city, or town in the state;(7)(b) any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these;(7)(c) the state; or(7)(d) any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102- Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juror: A person who is on the jury.
- Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001
- Lacks capacity to consent: means the same as that term is defined in Section
Utah Code 76-5b-103 - Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Leasing Act: means the Mineral Lands Leasing Act of 1920, Utah Code 35A-8-302
- Legal representative: means an individual's personal representative or conservator. See Utah Code 75A-8-102
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License or entitlement: includes :
(15)(a) licenses, certificates, and permits granted by governments;(15)(b) degrees, diplomas, and grades awarded by educational institutions;(15)(c) military ranks, grades, decorations, and awards;(15)(d) membership and standing in organizations and religious institutions;(15)(e) certification as a peace officer;(15)(f) credit reports; and(15)(g) another record or datum upon which a person may be reasonably expected to rely in making decisions that will have a direct benefit or detriment to another. See Utah Code 76-6-702- Lien: A claim against real or personal property in satisfaction of a debt.
- Live performance: means any act, play, dance, pantomime, song, or other activity performed by live actors in person. See Utah Code 76-5b-103
- Livestock guardian dog: means the same as that term is defined in Section 76-6-111. See Utah Code 76-6-401
- Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101
- Mail: means any letter, card, parcel, or other material, along with its contents, that:
(3)(a) has postage affixed by the postal customer or postal service;(3)(b) has been accepted for delivery by the postal service;(3)(c) the postal customer leaves for collection by the postal service; or(3)(d) the postal service delivers to the postal customer. See Utah Code 76-6-1001- Mail receptacle: means a mail box, post office box, rural box, or any place or area intended or used by postal customers or a postal service for the collection or delivery of mail. See Utah Code 76-6-1001
- Major disaster: means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused. See Utah Code 35A-8-401
- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Material: means capable of affecting the course or outcome of an official proceeding, unless the individual who made the statement or provided the information retracts the statement or information before the earlier of:
(2)(a) the end of the official proceeding in which the statement was made or the information was provided;(2)(b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or(2)(c) when the statement or information substantially affects the proceeding. See Utah Code 76-8-501- Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401
- Medical emergency: means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced. See Utah Code 76-7a-101
- Medical emergency: means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced. See Utah Code 76-7-301
- Merchandise: means any personal property displayed, held, or offered for sale by a merchant. See Utah Code 76-6-601
- Merchant: means an owner or operator of any retail mercantile establishment where merchandise is displayed, held, or offered for sale and includes the merchant's employees, servants, or agents. See Utah Code 76-6-601
- Metals refiner: means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal. See Utah Code 76-6-1402
- Minor: means an individual who is under 21 years old. See Utah Code 75A-8-102
- Minor: means an individual who is younger than 18 years old. See Utah Code 76-5b-103
- Minor: means any unmarried person under 18 years of age. See Utah Code 76-6-601
- Minor: means an individual who is:
(10)(a) under 18 years old;(10)(b) unmarried; and(10)(c) not emancipated. See Utah Code 76-7-301- Minor: means a person younger than 18 years old. See Utah Code 76-9-802
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
- Moderate income housing unit: means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Navajo Utah Commission: means the commission created by Resolution IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council. See Utah Code 35A-8-1702
- Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101
- Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Nontherapeutic nicotine device: includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray. See Utah Code 76-10-101
- Nontherapeutic nicotine device substance: means a substance that:
(11)(a) contains nicotine;(11)(b) is sold in a cartridge for use in a nontherapeutic nicotine device;(11)(c) is not purchased with a prescription from a licensed physician; and(11)(d) is not approved by the United States Food and Drug Administration as nicotine replacement therapy. See Utah Code 76-10-101- Nontherapeutic nicotine product: means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device. See Utah Code 76-10-101
- Nudity or partial nudity: means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered. See Utah Code 76-5b-103
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401
- Obtain: means , in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction. See Utah Code 76-6-401
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
- Official proceeding: means :
(3)(a) a proceeding before:(3)(a)(i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;(3)(a)(ii) a notary; or(3)(a)(iii) an individual who takes evidence in connection with a proceeding described in Subsection (3)(a)(i);(3)(b) a civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or(3)(c) an investigation or audit conducted by:(3)(c)(i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or(3)(c)(ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501- Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
- online gambling: means gambling, fringe gambling, or gaming by use of:
(12)(a) the Internet; or(12)(b) any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101- Overpayment: means the same as that term is defined in Section
35A-3-102 . See Utah Code 76-8-1201- Parent: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Partial birth abortion: means an abortion in which the person performing the abortion:
(11)(a)(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and(11)(a)(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Party official: means an individual holding any post in a political party whether by election, appointment, or otherwise. See Utah Code 76-8-101
- Pattern of criminal gang activity: means :
(4)(a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years;(4)(b) the predicate gang crimes are:(4)(b)(i) committed by two or more persons; or(4)(b)(ii) committed by an individual at the direction of, or in association with a criminal street gang; and(4)(c) the criminal activity was committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang. See Utah Code 76-9-802- Pattern of criminal gang activity: means committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years, if the predicate gang crimes are committed:
(3)(a)(3)(a)(i) by two or more persons; or(3)(a)(ii) by an individual at the direction of or in association with a criminal street gang; and(3)(b) with the specific intent to promote, further, or assist in any criminal conduct by members of a criminal street gang. See Utah Code 76-9-902- Payor: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or a political subdivision of the state, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or a political subdivision of the state. See Utah Code 76-8-101
- Pecuniary benefit: means an advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain. See Utah Code 76-8-101
- Perinatal hospice: means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that:
(7)(a) focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and(7)(b) may include counseling or medical care by:(7)(b)(i) maternal-fetal medical specialists;(7)(b)(ii) obstetricians;(7)(b)(iii) neonatologists;(7)(b)(iv) anesthesia specialists;(7)(b)(v) psychiatrists, psychologists, or other mental health providers;(7)(b)(vi) clergy;(7)(b)(vii) social workers; or(7)(b)(viii) specialty nurses. See Utah Code 76-7a-101- Perinatal hospice: means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that:
(12)(a) focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and(12)(b) may include counseling or medical care by:(12)(b)(i) maternal-fetal medical specialists;(12)(b)(ii) obstetricians;(12)(b)(iii) neonatologists;(12)(b)(iv) anesthesia specialists;(12)(b)(v) psychiatrists, psychologists, or other mental health providers;(12)(b)(vi) clergy;(12)(b)(vii) social workers; or(12)(b)(viii) specialty nurses. See Utah Code 76-7-301- Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 75A-7-102
- Person: means an individual, corporation, organization as defined in Section
75-1-201 , or other legal entity. See Utah Code 75A-8-102- Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 76-6a-101
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Person: means an individual, business, or entity. See Utah Code 76-6-1302
- Person: means any individual, organization, group, association, partnership, corporation, or any combination of them;
(2) "Professional fund raiser" means any person who for compensation or any other consideration plans, conducts, or manages in this state, the solicitation of contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization;(3) "Professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this state for charitable purposes;(4) "Charitable organization" means any organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be such;(5) "Contribution" means the promise or grant of any money or property of any kind or value. See Utah Code 76-10-601- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Personal identifying information: means the same as that term is defined in Section 76-6-1101. See Utah Code 76-6-1001
- Personal property: All property that is not real property.
- Personal property: includes intangible and tangible personal property. See Utah Code 75B-1-301
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Personal representative: means an executor, administrator, successor personal representative as defined in Section
75-1-201 , or special administrator as defined in Section75-1-201 , of a decedent's estate or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102- Petition: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Phantomware: means a programming option that:
(4)(a) is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and(4)(b) can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register. See Utah Code 76-6-1302- Physician: means :
(8)(a) a medical doctor licensed to practice medicine and surgery in the state;(8)(b) an osteopathic physician licensed to practice osteopathic medicine in the state; or(8)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (7)(a) or (b). See Utah Code 76-7a-101- Physician: means :
(13)(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;(13)(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or(13)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(a) or (b). See Utah Code 76-7-301- Place of business: includes :
(13)(a) a shop;(13)(b) a store;(13)(c) a factory;(13)(d) a public garage;(13)(e) an office;(13)(f) a theater;(13)(g) a recreation hall;(13)(h) a dance hall;(13)(i) a poolroom;(13)(j) a cafe;(13)(k) a cafeteria;(13)(l) a cabaret;(13)(m) a restaurant;(13)(n) a hotel;(13)(o) a lodging house;(13)(p) a streetcar;(13)(q) a bus;(13)(r) an interurban or railway passenger coach;(13)(s) a waiting room; and(13)(t) any other place of business. See Utah Code 76-10-101- Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Planning: includes :
(7)(b)(i) the preparation of maps and guidelines;(7)(b)(ii) land use planning;(7)(b)(iii) a study or analysis of:(7)(b)(iii)(A) the social or economic impacts associated with natural resource development;(7)(b)(iii)(B) the demand for the transportation of individuals or goods;(7)(b)(iii)(C) state, regional, and local development and growth;(7)(b)(iii)(D) population and employment;(7)(b)(iii)(E) development related to natural resources; and(7)(b)(iii)(F) as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and(7)(b)(iv) any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Postage: means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail. See Utah Code 76-6-1001
- Postal service: means the United States Postal Service or a private common mail carrier. See Utah Code 76-6-1001
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Prefilled electronic cigarette: means an electronic cigarette that is sold prefilled with an electronic cigarette substance. See Utah Code 76-10-101
- Prefilled nontherapeutic nicotine device: means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance. See Utah Code 76-10-101
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Premarket authorized or pending electronic cigarette product: means an electronic cigarette product that:
(16)(a)(16)(a)(i) has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under Utah Code 76-10-101- Premises of a retail mercantile establishment: includes , but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment. See Utah Code 76-6-601
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Principal: means the same as that term is defined in Section
75A-5-101 . See Utah Code 75B-1-201- Prisoner: means an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice and Youth Services regardless of whether the confinement is legal. See Utah Code 76-5-101
- Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Produce: means :
(9)(a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material; or(9)(b) the securing or hiring of individuals to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material. See Utah Code 76-5b-103- program: means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the functioning of a computer system in a manner designed to provide results including system control programs, application programs, or copies of any of them. See Utah Code 76-6-702
- Prohibited area: means a place where it is unlawful to discharge a firearm. See Utah Code 76-10-501
- project: means a work or undertaking, on contiguous or noncontiguous sites to:
(11)(a)(i) demolish, clear, or remove buildings from a blighted area;(11)(a)(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or(11)(a)(iii) accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401- Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that:
(16)(a) continues for a limited period of time;(16)(b) is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business;(16)(c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity;(16)(d) promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and(16)(e) does not, through use of a machine or device:(16)(e)(i) simulate a gambling environment;(16)(e)(ii) require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device;(16)(e)(iii) provide a good or service described in Subsection (16)(b):(16)(e)(iii)(A) in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or(16)(e)(iii)(B) at a value less than the full value of the good or service;(16)(e)(iv) appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling;(16)(e)(v) provide an entertaining display, designed to appeal to an individual's senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including:(16)(e)(v)(A) a video playing card game, including a video poker game;(16)(e)(v)(B) a video bingo game;(16)(e)(v)(C) a video craps game;(16)(e)(v)(D) a video keno game;(16)(e)(v)(E) a video lotto game;(16)(e)(v)(F) an 8-liner machine;(16)(e)(v)(G) a Pot O' Gold game;(16)(e)(v)(H) a video game involving a random or chance matching of pictures, words, numbers, or symbols; or(16)(e)(v)(I) a video game that reveals a prize as the game is played; or(16)(e)(vi) otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101- Property: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Property: means real property, personal property, and interests in real or personal property. See Utah Code 75B-1-301
- Property: means :
(1)(e)(i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and(1)(e)(ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101- Property: means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula, or invention which the owner intends to be available only to persons selected by the owner. See Utah Code 76-6-401
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301
- Provider: means a person or entity that receives compensation from any public assistance program for goods or services provided to a public assistance recipient. See Utah Code 76-8-1201
- Public assistance: means :
(10)(a) services or benefits provided under Chapter 3, Employment Support Act;(10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;(10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;(10)(d) SNAP benefits; and(10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102- Public assistance: means the same as that term is defined in Section
35A-1-102 . See Utah Code 76-8-1201- Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401
- Public entity: means :
(13)(a) the state, or an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of the state;(13)(b) a political subdivision of the state, including a county, municipality, interlocal entity, special district, special service district, school district, or school board;(13)(c) an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a political subdivision of the state; or(13)(d) another entity that:(13)(d)(i) performs a public function; and(13)(d)(ii) is authorized to hold, spend, transfer, disburse, use, or receive public money. See Utah Code 76-1-101.5- Public facility: means a facility:
(8)(a) in whole or in part, owned, controlled, or operated by the state, a subdivision, or an interlocal agency; and(8)(b) that serves a public purpose. See Utah Code 35A-8-302- public funds: includes money, funds, or accounts described in Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an independent contractor of the public entity. See Utah Code 76-1-101.5
- Public officer: means :
(15)(a) an elected official of a public entity;(15)(b) an individual appointed to, or serving an unexpired term of, an elected official of a public entity;(15)(c) a judge of a court of record or not of record, including justice court judges; or(15)(d) a member of the Board of Pardons and Parole. See Utah Code 76-1-101.5- Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902
- Public place: means a place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
- Public property: includes real or personal property that is owned, held, or managed by a public entity after the real or personal property is transferred by the public entity to an independent contractor of the public entity. See Utah Code 76-8-101
- Public servant: means :
(16)(a)(i) a public officer;(16)(a)(ii) an appointed official, employee, consultant, or independent contractor of a public entity; or(16)(a)(iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-101.5- Public service: includes :
(9)(b)(i) a service described in Subsection (9)(a) regardless of whether the service is provided in connection with a public facility;(9)(b)(ii) the cost of providing a service described in Subsection (9)(a), including administrative costs, wages, and legal fees; and(9)(b)(iii) a contract with a public postsecondary institution to fund research, education, or a public service program. See Utah Code 35A-8-302- Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Purpose to deprive: means to have the conscious object:
(6)(a) to withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost;(6)(b) to restore the property only upon payment of a reward or other compensation; or(6)(c) to dispose of the property under circumstances that make it unlikely that the owner will recover it. See Utah Code 76-6-401- Pyramid scheme: means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation that is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property. See Utah Code 76-6a-101
- Quorum: The number of legislators that must be present to do business.
- Readily accessible for immediate use: means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person. See Utah Code 76-10-501
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Record: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Regulated metal: includes :
(9)(b)(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;(9)(b)(ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:(9)(b)(ii)(A) a telephone, cable, electric, water, or other utility; or(9)(b)(ii)(B) a railroad company;(9)(b)(iii) unused and undamaged building construction materials made of metal or alloy, including:(9)(b)(iii)(A) copper pipe, tubing, or wiring; and(9)(b)(iii)(B) aluminum wire, siding, downspouts, or gutters;(9)(b)(iv) oil well rigs, including any part of the rig;(9)(b)(v) nonferrous materials, stainless steel, and nickel; and(9)(b)(vi) irrigation pipe. See Utah Code 76-6-1402- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 76-6-1101
- Retail mercantile establishment: means any place where merchandise is displayed, held, or offered for sale to the public. See Utah Code 76-6-601
- Retail tobacco specialty business: means the same as that term is defined in Section
26B-7-501 . See Utah Code 76-10-101- Retail value: means the merchant's stated or advertised price of the merchandise. See Utah Code 76-6-601
- Retirement trust: means a trust:
(3)(a) created by an employer as part of a pension, stock bonus, disability, death benefit, profit sharing, retirement, or similar plan primarily for the benefit of an employee or the employee's family, appointee, or beneficiary;(3)(b) to which contributions are made by the employer or employee; and(3)(c) that is created for the purpose of distributing principal or income to the employee or the employee's family, appointee, or beneficiary. See Utah Code 75B-1-201- Revitalization Fund: means the Uintah Basin Revitalization Fund. See Utah Code 35A-8-1601
- Revitalization fund: means the Navajo Revitalization Fund. See Utah Code 35A-8-1702
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5- Rural: means a county in the state other than Utah, Salt Lake, Davis, or Weber. See Utah Code 35A-8-501
- Sabotage: means the unlawful and intentional damage or injury to, or destruction of, real or personal property, of an employer or owner by an individual. See Utah Code 76-8-901
- SAVE program: means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security. See Utah Code 76-9-1002
- Scrap metal processor: means any person:
(10)(a) who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and(10)(b) whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes. See Utah Code 76-6-1402- Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501
- Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Utah Code 75A-7-102
- Security: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Security system: means a computer, computer system, network, or computer property that has some form of access control technology implemented, such as encryption, password protection, other forced authentication, or access control designed to keep out unauthorized persons. See Utah Code 76-6-702
- Sensitive personal identifying information: includes :
(4)(a) the following information regarding an individual's:(4)(a)(i) Social Security number;(4)(a)(ii) driver license number or other government issued identification number;(4)(a)(iii) financial account number or credit or debit card number;(4)(a)(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;(4)(a)(v) automated or electronic signature; and(4)(a)(vi) unique biometric data; and(4)(b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
- Service of process: The service of writs or summonses to the appropriate party.
- Service provider: means a telecommunications carrier, cable operator, computer hardware or software provider, or a provider of information service or interactive computer service. See Utah Code 76-6-702
- Services: include computer time, data manipulation, and storage functions. See Utah Code 76-6-702
- Settlor: means a person who transfers property in trust. See Utah Code 75B-1-301
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- Sexual activity: means , regardless of the gender of either participant:
(5)(a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or(5)(b) the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301- Sexually explicit conduct: means actual or simulated:
(10)(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;(10)(b) masturbation;(10)(c) bestiality;(10)(d) sadistic or masochistic activities;(10)(e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any individual;(10)(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any individual;(10)(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or(10)(h) the explicit representation of the defecation or urination functions. See Utah Code 76-5b-103- Shopping cart: means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments, or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store. See Utah Code 76-6-601
- short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
- Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Simulated sexually explicit conduct: means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. See Utah Code 76-5b-103
- Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 76-10-501
- Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101
- Slug: means a single projectile discharged from a shotgun shell. See Utah Code 76-10-501
- Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102- State: includes any state of the United States, the district of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Utah Code 75A-8-102
- State: means the state of Utah and any of its agencies, institutions, and divisions authorized to issue bonds or certificates under state law. See Utah Code 35A-8-2102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State lands: means all lands owned by:
(4)(a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and(4)(b) political subdivisions. See Utah Code 76-6-901- State or local governmental agency: includes any private contractor or vendor that contracts with the agency to provide the agency's functions or services. See Utah Code 76-9-1002
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subdivision: means a county, city, town, county service area, special service district, special improvement district, water conservancy district, water improvement district, sewer improvement district, housing authority, building authority, school district, or public postsecondary institution organized under the laws of this state. See Utah Code 35A-8-302
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-101.5
- Summons: Another word for subpoena used by the criminal justice system.
- Swear: includes "affirm. See Utah Code 68-3-12.5
- Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion:
(18)(a) that an individual may enter with or without payment of any consideration;(18)(b) that qualifies the person to win a prize; and(18)(c) the result of which is based on chance. See Utah Code 76-10-1101- Testator: A male person who leaves a will at death.
- Testator: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Throughput infrastructure project: includes :
(11)(b)(i) an ownership interest or a joint or undivided ownership interest in a facility;(11)(b)(ii) a membership interest in the owner of a facility; or(11)(b)(iii) a contractual right, whether secured or unsecured, to use all or a portion of the throughput, transportation, or transmission capacity of a facility. See Utah Code 35A-8-302- Tobacco paraphernalia: includes :
(19)(b)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;(19)(b)(ii) water pipes;(19)(b)(iii) carburetion tubes and devices;(19)(b)(iv) smoking and carburetion masks;(19)(b)(v) roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;(19)(b)(vi) chamber pipes;(19)(b)(vii) carburetor pipes;(19)(b)(viii) electric pipes;(19)(b)(ix) air-driven pipes;(19)(b)(x) chillums;(19)(b)(xi) bongs; and(19)(b)(xii) ice pipes or chillers. See Utah Code 76-10-101- Tobacco product: means :
(20)(a) a cigar;(20)(b) a cigarette; or(20)(c) tobacco in any form, including:(20)(c)(i) chewing tobacco; and(20)(c)(ii) any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101- Tobacco retailer: means :
(21)(a) a general tobacco retailer, as that term is defined in Section26B-7-501 ; or(21)(b) a retail tobacco specialty business. See Utah Code 76-10-101- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Toxin: means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(4)(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or(4)(b) any poisonous isomer or biological product, homolog, or derivative of the substance under Subsection(4)(a) . See Utah Code 76-10-401- trade device: as used in this part , includes every trademark registrable with the Division of Corporations and Commercial Code. See Utah Code 76-10-1001
- Transaction data: includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction. See Utah Code 76-6-1302
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 75A-7-102
- Transfer: means a transaction that creates custodial property under Section
75A-8-109 . See Utah Code 75A-8-102- Transfer: means any form of transfer of property, including gratuitous transfers, whether by deed, conveyance, or assignment. See Utah Code 75B-1-301
- Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Utah Code 75A-7-102
- Transferor: means a person who makes a transfer under this chapter. See Utah Code 75A-8-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 35A-8-1601
- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75B-1-301- Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Utah Code 75A-8-102
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Unsworn declaration: means the same as that term is defined in Section
78B-18a-102 . See Utah Code 76-8-501- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5- Utah Navajo Chapter: means any of the following chapters of the Navajo Nation:
(7)(a) Aneth Chapter;(7)(b) Dennehotso Chapter;(7)(c) Mexican Water Chapter;(7)(d) Navajo Mountain Chapter;(7)(e) Oljato Chapter;(7)(f) Red Mesa Chapter; and(7)(g) Teec Nos Pos Chapter. See Utah Code 35A-8-1702- Value: means :
(1)(f)(i) the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or(1)(f)(ii) where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense. See Utah Code 76-6-101- Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202
- Vector: means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host. See Utah Code 76-10-401
- Vending machine: means a device:
(19)(a) that dispenses merchandise in exchange for money or any other item of value;(19)(b) that provides full and adequate return of the value deposited;(19)(c) through which the return of value is not conditioned on an element of chance or skill; and(19)(d)(19)(d)(i) does not include a promotional activity; or(19)(d)(ii) includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- verification of immigration status: means the determination of a person's immigration status by:
(6)(a) a law enforcement officer who is authorized by a federal agency to determine an alien's immigration status; or(6)(b) the United States Department of Homeland Security, ICE, or other federal agency authorized to provide immigration status as provided by Utah Code 76-9-1002- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- Video gaming device: means a device that includes all of the following:
(20)(a) a video display and computer mechanism for playing a game;(20)(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;(20)(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;(20)(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:(20)(d)(i) does not significantly extend the length of play time of any single game; and(20)(d)(ii) provides for a chance of greater return of credits, games, or money; and(20)(e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101- Violent felony: means the same as that term is defined in Section Utah Code 76-10-501
- Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
- Volume cap: means the private activity bond volume cap for the state as computed under Section 146 of the code. See Utah Code 35A-8-2102
- Vulnerable adult: means the same as that term is defined in Subsection
76-5-111 (1). See Utah Code 76-5b-103- Vulnerable adult sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(13)(a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;(13)(b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or(13)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct. See Utah Code 76-5b-103- Weapon of mass destruction: means :
(6)(a)(i) any item or instrumentality that is designed or intended to cause widespread death or serious bodily injury to multiple victims;(6)(a)(ii) any item or instrumentality that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;(6)(a)(iii) any disease organism, including any biological agent, toxin, or vector which is used or intended to be used as a weapon;(6)(a)(iv) any item or instrumentality that is designed to release radiation or radioactivity at a level dangerous to human life and that is used or intended to be used as a weapon; or(6)(a)(v) any substance or material or combination which has been prepared or altered for use in the creation of a weapon described in Subsections(6)(a)(i) through(iv) . See Utah Code 76-10-401- Woman: means an adult human female. See Utah Code 68-3-12.5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of:
(47)(a) the state;(47)(b) a court; or(47)(c) a judicial officer. See Utah Code 68-3-12.5- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5