Terms Used In Utah Code > Title 77 > Chapter 38b > Part 2 - Determination of Restitution

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means :
            (3)(a)(i) a plea of:

                 (3)(a)(i)(A) guilty;

                 (3)(a)(i)(B) guilty with a mental condition; or

                 (3)(a)(i)(C) no contest; or
            (3)(a)(ii) a judgment of:

                 (3)(a)(ii)(A) guilty; or

                 (3)(a)(ii)(B) guilty with a mental condition. See Utah Code 77-38b-102
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Criminal conduct: means :
       (5)(a) any misdemeanor or felony offense of which the defendant is convicted; or
       (5)(b) any other criminal behavior for which the defendant admits responsibility to the court with or without an admission of committing the criminal behavior. See Utah Code 77-38b-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deceased victim: means an individual whose death is proximately caused by the criminal conduct of the defendant. See Utah Code 77-38b-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
• Department: means the Department of Corrections. See Utah Code 77-38b-102
• Dependent: A person dependent for support upon another.
• Dependent: includes :
            (9)(b)(i) a child:

                 (9)(b)(i)(A) who is younger than 18 years old; and

                 (9)(b)(i)(B) for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or legal guardian;
            (9)(b)(ii) an unborn child who has a parent-child relationship with a deceased victim, or a permanently impaired victim, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act; or
            (9)(b)(iii) an incapacitated individual for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or the legal guardian. See Utah Code 77-38b-102
• Dependent support: means the financial obligation of an individual to provide for the routine needs of a dependent, including food, clothing, health care, safety, or shelter. See Utah Code 77-38b-102
• Diversion agreement: means an agreement entered into by the prosecuting attorney and the defendant that suspends criminal proceedings before conviction on the condition that a defendant agree to participate in a rehabilitation program, pay restitution to the victim, or fulfill some other condition. See Utah Code 77-38b-102
• Docket: A log containing brief entries of court proceedings.
• 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.
• Incapacitated individual: means an individual who is incapacitated. See Utah Code 77-38b-102
• incapacitation: means the individual is:
       (12)(a) mentally or physically impaired to the extent that the individual is permanently unable to gain employment and provide basic necessities, including food, clothing, health care, safety, or shelter; and
       (12)(b) reliant on a parent, legal guardian, or other relative or person to provide basic necessities for the individual. See Utah Code 77-38b-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life expectancy: means the number of months an individual is or was expected to live considering medical records and experiential data for the individual. See Utah Code 77-38b-102
• 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.
• Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Pecuniary damages: means all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred. See Utah Code 77-38b-102
• Permanently impaired victim: means an incapacitated individual whose incapacitation is proximately caused by the criminal conduct of the defendant. See Utah Code 77-38b-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.
• Plea disposition: means an agreement entered into between the prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any other jurisdiction or where charges are dismissed without a plea. See Utah Code 77-38b-102
• Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-38b-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102
• 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
• Victim: includes :
            (26)(b)(i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519;
            (26)(b)(ii) the estate of a deceased victim;
            (26)(b)(iii) a dependent; or
            (26)(b)(iv) a parent, spouse, intimate partner as defined in Utah Code 77-38b-102
• 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.