Terms Used In Utah Code > Title 13 > Chapter 13 - Motion Picture Fair Licensing Act

• Accuser: means an individual who:
       (1)(a) signs and swears to charges;
       (1)(b) directs that charges nominally be signed and sworn to by another; or
       (1)(c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Airport: means the same as that term is defined in Section 72-10-102. See Utah Code 77-23d-102
• 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.
• Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized property: means :
       (2)(a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility;
       (2)(b) critical infrastructure if owned or operated by a government entity;
       (2)(c) an elementary or secondary public or charter school;
       (2)(d) a courthouse; or
       (2)(e) an airport. See Utah Code 77-23d-102
• Biometric surveillance information: means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. See Utah Code 77-23d-102
• Cell site: means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network. See Utah Code 77-23f-101
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• Conviction: A judgement of guilt against a criminal defendant.
• Critical infrastructure: means the same as that term is defined in Section Utah Code 77-23d-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors. See Utah Code 13-13-2
• Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
• Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
• Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
• Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Exhibitor: means any person engaged in the business of operating a theatre in this state. See Utah Code 13-13-2
• Facial biometric data: means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. See Utah Code 77-23e-102
• Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102
• Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-102
• Geofence: means a specified geographic area defined by a virtual perimeter or geographic coordinates. See Utah Code 77-23f-101
• Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• Government entity: includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
• Government entity: includes :
            (5)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or
            (5)(b)(ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• Grantor: The person who establishes a trust and places property into it.
• Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
       (19)(a) recommend land use regulations to preserve local historic districts or areas; and
       (19)(b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
• Identifying information: means information tied to an electronic device that identifies the user's or owner's:
       (6)(a) name;
       (6)(b) address;
       (6)(c) phone number;
       (6)(d) email; or
       (6)(e) other identifying information that would identify the owner or user of the electronic device. See Utah Code 77-23f-101
• Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102
• Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• 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
• Land use authority: means :
       (31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
       (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
• Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
       (32)(a) a land use permit; or
       (32)(b) a land use application. See Utah Code 10-9a-103
• Law enforcement agency: means :
       (4)(a) an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
       (4)(b) an individual or entity acting for or on behalf of an entity described in Subsection (4)(a). See Utah Code 77-23c-101.2
• Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102
• Law enforcement agency: means the same as that term is defined in Section Utah Code 77-23f-101
• Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
• Legislative body: means the municipal council. See Utah Code 10-9a-103
• License agreement: means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. See Utah Code 13-13-2
• Location information: includes past, current, and future location information. See Utah Code 77-23c-101.2
• Location information: means the same as that term is defined in Section Utah Code 77-23f-101
• Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Oral communication: means the same as that term is defined in Section 77-23a-3. See Utah Code 77-23c-101.2
• Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
• Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
            (48)(a)(i) none of the property identified in the agreement is a lot; or
            (48)(a)(ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103
• 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
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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.
• Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
• Public safety threat: means a documented reasonable articulable suspicion of:
       (7)(a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or
       (7)(b) a threat by a specific individual to commit an offense under Section 76-5-107, Threat of violence. See Utah Code 77-23d-102
• Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
• Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
• 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).
• Reverse-location information: means historical location information for:
       (9)(a) a defined time period;
       (9)(b) a defined or undefined area; and
       (9)(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
• Surveillance information: means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. See Utah Code 77-23d-102
• Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theatre: means any establishment in which motion pictures are exhibited regularly to the public for a charge. See Utah Code 13-13-2
• Trained employee: means an individual who is trained to make a facial recognition comparison and identification and who has completed implicit bias training. See Utah Code 77-23e-102
• Transmitted data: means electronic information that is transmitted wirelessly:
       (9)(a) from an electronic device to another electronic device without the use of an intermediate connection or relay; or
       (9)(b) from an electronic device to a nearby antenna or from a nearby antenna to an electronic device. See Utah Code 77-23c-101.2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
• 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
• Verdict: The decision of a petit jury or a judge.
• Violent felony: means the same as that term is defined in Section Utah Code 77-23d-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