Terms Used In Utah Code > Title 76 > Chapter 10 > Part 11 - Gambling

• 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
• 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
• 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.
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• 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
• 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
• Offense: means a violation of any penal statute of this state. 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
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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: 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.
• 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
• 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
• 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
• 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
• 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