Utah Code 78B-7-801. Definitions
Current as of: 2024 | Check for updates
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As used in this part:
(1)
Terms Used In Utah Code 78B-7-801
- Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
- Arrest: Taking physical custody of a person by lawful authority.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
- Offense against a child or vulnerable adult: means the commission or attempted commission of an offense described in:(4)(a) Section 76-5-109, child abuse;(4)(b) Section Utah Code 78B-7-801(1)(a) “Jail release agreement” means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail:(1)(a)(i) under which the arrested or cited individual agrees to not engage in any of the following:(1)(a)(i)(A) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;(1)(a)(i)(B) threatening or harassing the alleged victim; or(1)(a)(i)(C) knowingly entering onto the premises of the alleged victim’s residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer’s employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual’s personal belongings; and(1)(a)(ii) that specifies other conditions of release from jail or arrest.(1)(b) “Jail release agreement” includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201.
(2) “Jail release court order” means a written court order that:
(2)(a) orders an arrested or cited individual not to engage in any of the following:
(2)(a)(i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;
(2)(a)(ii) threatening or harassing the alleged victim; or
(2)(a)(iii) knowingly entering onto the premises of the alleged victim’s residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer’s employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual’s personal belongings; and
(2)(b) specifies other conditions of release from jail.
(3) “Minor” means the same as that term is defined in Section 80-1-102.
(4) “Offense against a child or vulnerable adult” means the commission or attempted commission of an offense described in:
(4)(a) Section 76-5-109, child abuse;
(4)(b) Section 76-5-109.2, aggravated child abuse;
(4)(c) Section 76-5-109.3, child abandonment;
(4)(d) Section 76-5-110, abuse or neglect of a child with a disability;
(4)(e) Section 76-5-111, abuse of a vulnerable adult;
(4)(f) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
(4)(g) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
(4)(h) Section 76-5-111.4, financial exploitation of a vulnerable adult;
(4)(i) Section 76-5-114, commission of domestic violence in the presence of a child; or
(4)(j) Section 76-9-702.1, sexual battery.
(5) “Qualifying offense” means:
(5)(a) domestic violence;
(5)(b) an offense against a child or vulnerable adult; or
(5)(c) the commission or attempted commission of an offense described in Section 76-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.