Terms Used In Utah Code > Title 77 > Chapter 38 - Crime Victims

• Abuse: means any of the following:
       (1)(a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
       (1)(b) "child abuse" as that term is defined in Section 76-5-109. See Utah Code 77-38-601
• Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. See Utah Code 77-38-601
• Advocacy services: means assistance provided that supports, supplements, intervenes, or links a victim or a victim's family with appropriate resources and services to address the wide range of potential impacts of being victimized. See Utah Code 77-38-403
• Advocacy services provider: means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization. See Utah Code 77-38-403
• Allegation: something that someone says happened.
• 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.
• 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
• 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.
• Assailant: means an individual who commits or threatens to commit abuse, human trafficking, domestic violence, stalking, or a sexual offense against an applicant for the program or a minor or incapacitated individual residing with an applicant for the program. See Utah Code 77-38-601
• Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601
• Authorization card: means a card issued by the commission that identifies a program participant as enrolled in the program with the program participant's assigned address and the date on which the program participant will no longer be enrolled in the program. See Utah Code 77-38-601
• Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
• Certifying entity: means any of the following:
       (1)(a) a law enforcement agency, as defined in Section 77-7a-103;
       (1)(b) a prosecutor, as defined in Section Utah Code 77-38-502
• Certifying official: means :
       (2)(a) the head of the certifying entity;
       (2)(b) a person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;
       (2)(c) a judge; or
       (2)(d) any other certifying official defined under Utah Code 77-38-502
• Chambers: A judge's office.
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-502
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential communication: means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship. See Utah Code 77-38-203
• Confidential communication: means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services. See Utah Code 77-38-403
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convicted person: means a person who has been convicted of a crime. See Utah Code 77-38-302
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal justice system victim advocate: means an individual who:
       (4)(a) is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system;
       (4)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
       (4)(c) completes a minimum 40 hours of trauma-informed training:

            (4)(c)(i) in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and

            (4)(c)(ii) that have been approved or provided by the Utah Office for Victims of Crime; and
       (4)(d) is under the supervision of the director or director's designee of the government agency. See Utah Code 77-38-403
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• 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:
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 77-38-601
• 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.
• 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.
• Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 77-38-302
• 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.
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 77-38-403
• 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
• Human trafficking: means a human trafficking offense under Section 76-5-308. See Utah Code 77-38-601
• Incapacitated individual: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 77-38-601
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mail: means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail. See Utah Code 77-38-601
• Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
• Memorabilia: means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted. See Utah Code 77-38-302
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 77-38-403
• Minor: means an individual who is younger than 18 years old. See Utah Code 77-38-601
• Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
• Motorcycle: means :
       (43)(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or
       (43)(b) an autocycle. See Utah Code 41-1a-102
• 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.
• Nongovernment organization victim advocate: means an individual who:
       (7)(a) is employed or authorized to volunteer by an nongovernment organization advocacy services provider;
       (7)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
       (7)(c) has a minimum 40 hours of trauma-informed training:

            (7)(c)(i) in assisting victims specific to the specialization or focus of the nongovernment organization advocacy services provider and includes this part regarding privileged confidential communication; and

            (7)(c)(ii)

                 (7)(c)(ii)(A) that have been approved or provided by the Utah Office for Victims of Crime; or

                 (7)(c)(ii)(B) that meets other minimally equivalent standards set forth by the nongovernment organization advocacy services provider; and
       (7)(d) is under the supervision of the director or the director's designee of the nongovernment organization advocacy services provider. See Utah Code 77-38-403
• Notification form: means a form issued by the commission that a program participant may send to a person demonstrating that the program participant is enrolled in the program. See Utah Code 77-38-601
• Notoriety of crimes contract: means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:
       (5)(a) the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;
       (5)(b) the expression of the convicted person's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or
       (5)(c) the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime. See Utah Code 77-38-302
• 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.
• Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
• Office: means the Utah Office for Victims of Crime. See Utah Code 77-38-302
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Park model recreational vehicle: means a unit that:
       (53)(a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
       (53)(b) is not permanently affixed to real property for use as a permanent dwelling;
       (53)(c) requires a special highway movement permit for transit; and
       (53)(d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102
• 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
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Profit: means any income or benefit:
       (7)(a) over and above the fair market value of tangible property that is received upon the sale or transfer of memorabilia; or
       (7)(b) any money, negotiable instruments, securities, or other consideration received or contracted for gain which is traceable to a notoriety of crimes contract. See Utah Code 77-38-302
• Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
• Program assistant: means an individual designated by the commission under Section 77-38-604 to assist an applicant or program participant. See Utah Code 77-38-601
• Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualifying criminal activity: includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses. See Utah Code 77-38-502
• Rape crisis and services center: means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling through a sexual assault counselor. See Utah Code 77-38-203
• 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 a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics. See Utah Code 77-38-403
• Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 77-38-601
• Recreational vehicle: means the same as that term is defined in Section 13-14-102. See Utah Code 41-1a-102
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• 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 assault counselor: means an individual who:
       (3)(a) is employed by or volunteers at a rape crisis and services center;
       (3)(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
       (3)(c) is under the supervision of the director or designee of a rape crisis and services center. See Utah Code 77-38-203
• Sexual offense: means :
       (17)(a) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
       (17)(b) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual Exploitation. See Utah Code 77-38-601
• Sidebar: A conference between the judge and lawyers held out of earshot of the jury and spectators.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Stalking: means the same as that term is defined in Section Utah Code 77-38-601
• 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 or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:
       (19)(a) a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or
       (19)(b) an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601
• Subpoena: A command to a witness to appear and give testimony.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Victim: means an individual who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault. See Utah Code 77-38-203
• Victim: means :
       (9)(a) a victim of a crime as defined in Section 77-38-2;
       (9)(b) an individual who is a victim of domestic violence as defined in Section 77-36-1; or
       (9)(c) an individual who is a victim of dating violence as defined in Section 78B-7-102. See Utah Code 77-38-403
• Victim: means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault. See Utah Code 77-38-601
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim advocate: means :
            (10)(a)(i) a criminal justice system victim advocate;
            (10)(a)(ii) a nongovernment organization victim advocate; or
            (10)(a)(iii) an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Utah Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity. See Utah Code 77-38-403
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• Waters of this state: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• 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