Terms Used In Utah Code > Title 20A > Chapter 3a > Part 5 - Voting Offenses

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural and wildlife fireworks: means a division 1. See Utah Code 53-7-202
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in Part 3, Liquefied Petroleum Gas Act. See Utah Code 53-7-102
• Certified academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-6-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means an adjudication of guilt regarding criminal conduct, including:
       (4)(a) a finding of guilt by a court or a jury;
       (4)(b) a guilty plea;
       (4)(c) a plea of nolo contendere;
       (4)(d) a plea which is held in abeyance pending the successful completion of:

            (4)(d)(i) a probationary period; or

            (4)(d)(ii) a diversion agreement; or
       (4)(e) a conviction which has been expunged or dismissed. See Utah Code 53-6-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-401
• Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
• Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-6-102
• Director: means the state fire marshal appointed in accordance with Section 53-7-103. See Utah Code 53-7-102
• Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:
       (6)(a)

            (6)(a)(i) receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and

            (6)(a)(ii) in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or
       (6)(b) supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102
• Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
• Display operator: means a person licensed under Section 53-7-223 and who is responsible for site selection, setting up, permits, overseeing assistants and support personnel, and discharging display fireworks outdoors in situations where the audience maintains a specific distance separating it from the display fireworks being discharged. See Utah Code 53-7-202
• Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 53-7-102
• Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102
• Donor: The person who makes a gift.
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
• 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.
• Exempt explosive: means a model rocket, toy pistol cap, emergency signal flare, snake or glow worm, party popper, trick noisemaker, match, and wire sparkler under 12 inches in length. See Utah Code 53-7-202
• Fire executive: means a fire chief, deputy fire chief, or other active member of a fire department or fire district who has been appointed by the elected officials of a municipality or county, by a fire district board, or by an established procedure within a volunteer fire service organization, to officially represent a fire department. See Utah Code 53-7-202
• Fire extinguisher: means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire. See Utah Code 53-7-202
• Fire officer: means :
       (4)(a) the state fire marshal;
       (4)(b) the state fire marshal's deputies or salaried assistants;
       (4)(c) the fire chief or fire marshal of any county, city, or town fire department;
       (4)(d) the fire officer of any fire district;
       (4)(e) the fire officer of any special service district organized for fire protection purposes; and
       (4)(f) authorized personnel of any of the persons specified in Subsections (4)(a) through (e). See Utah Code 53-7-102
• Fire suppression system: means an automatic fire protection system that automatically detects fire and discharges a fire extinguishing agent onto or in the area of the fire. See Utah Code 53-7-202
• Fireworks: means :
            (15)(a)(i) a division 1. See Utah Code 53-7-202
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flame effects: means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. See Utah Code 53-7-202
• Flame effects operator: means a person licensed under Section 53-7-223 who, regarding flame effects, is responsible for:
            (17)(a)(i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; and
            (17)(a)(ii) completion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects. See Utah Code 53-7-202
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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
• Importer: means a person who brings division 1. See Utah Code 53-7-202
• 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.
• 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
• Law enforcement agency: means an entity or division of:
            (1)(e)(i)

                 (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;

                 (1)(e)(i)(B) a state institution of higher education; or

                 (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
            (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
• Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
• Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
• Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
• Municipality: means a city or town. See Utah Code 20A-1-102
• 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.
• 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.
• Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
• 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.
• Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
• POST: means the division. See Utah Code 53-6-102
• 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
• Pyrotechnic: means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation. See Utah Code 53-7-202
• Qualifying canine certifying entity: means an entity that certifies law enforcement canines and law enforcement canine handlers in accordance with the standards developed under Section 53-6-403. See Utah Code 53-6-401
• Quorum: The number of legislators that must be present to do business.
• Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
       (65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
       (65)(b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
• Service: means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system. See Utah Code 53-7-202
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
• Special effects: means a visual or audible effect caused by chemical mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light and may also create an illusion. See Utah Code 53-7-202
• Special effects operator: means a person licensed under Section 53-7-223 who is responsible for setting up, permits, overseeing assistants and support personnel, analyzing potential hazards, setting clearances, and discharging pyrotechnic devices, either indoor or outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices than the audience separation distance generally required for display fireworks. See Utah Code 53-7-202
• 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 fire code: means the code adopted under Section 15A-1-403. See Utah Code 53-7-102
• State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ticket: means a list of:
       (73)(a) political parties;
       (73)(b) candidates for an office; or
       (73)(c) ballot propositions. See Utah Code 20A-1-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trick noisemaker: includes a:
       (24)(a) tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; and
       (24)(b) device that produces a small report intended to surprise the user, including a:

            (24)(b)(i) "booby trap" which is a small tube with a string protruding from both ends that ignites the friction sensitive composition in the tube when the string is pulled;

            (24)(b)(ii) "snapper" which is a small paper-wrapped device containing a minute quantity of explosive composition coated on bits of sand that explodes producing a small report;

            (24)(b)(iii) "trick match" which is a kitchen or book match coated with a small quantity of explosive or pyrotechnic composition that produces a small shower of sparks when ignited;

            (24)(b)(iv) "cigarette load" which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when ignited; and

            (24)(b)(v) "auto burglar alarm" which is a tube that:

                 (24)(b)(v)(A) contains pyrotechnic composition that produces a loud whistle and smoke when ignited;

                 (24)(b)(v)(B) may contain a small quantity of explosive to produce a small explosive noise; and

                 (24)(b)(v)(C) is ignited by a squib. See Utah Code 53-7-202
• Unclassified fireworks: means :
       (25)(a) a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and classified by the United States Department of Transportation;
       (25)(b) an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; and
       (25)(c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation. See Utah Code 53-7-202
• 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: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Voting booth: means :
       (82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
       (82)(b) a voting device that is free standing. See Utah Code 20A-1-102
• Wholesaler: means :
       (26)(a) a person who sells division 1. See Utah Code 53-7-202
• 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