Terms Used In Utah Code > Title 23A > Chapter 4 > Part 11 - Violations and Enforcement

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Activity regulated under this title: means an act, attempted act, or activity prohibited or regulated under this title or the rules and proclamations promulgated under this title pertaining to protected wildlife including:
       (1)(a) fishing;
       (1)(b) hunting;
       (1)(c) trapping;
       (1)(d) taking;
       (1)(e) permitting a dog, falcon, or other domesticated animal to take;
       (1)(f) transporting;
       (1)(g) possessing;
       (1)(h) selling;
       (1)(i) wasting;
       (1)(j) importing;
       (1)(k) exporting;
       (1)(l) rearing;
       (1)(m) keeping;
       (1)(n) using as a commercial venture; and
       (1)(o) releasing to the wild. See Utah Code 23A-1-101
• 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.
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• 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.
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribution electrical cooperative: includes an electrical corporation that:
       (8)(a) is a cooperative;
       (8)(b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and
       (8)(c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's:

            (8)(c)(i) members; or

            (8)(c)(ii) patrons. See Utah Code 54-2-1
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Eligible customer: means a person who:
       (11)(a) on December 31, 2013:

            (11)(a)(i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and

            (11)(a)(ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
       (11)(b) produces electricity:

            (11)(b)(i) from a qualifying power production facility for sale to a public utility in this state;

            (11)(b)(ii) primarily for the eligible customer's own use; or

            (11)(b)(iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
• 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.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Fraud: Intentional deception resulting in injury to another.
• Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 23A-1-101
• Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
       (13)(a) gas is made or produced on, and distributed by the maker or producer through, private property:

            (13)(a)(i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and

            (13)(a)(ii) not for sale to others;
       (13)(b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
       (13)(c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
• 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
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• 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
• Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Nonutility energy supplier: means a person that:
       (21)(a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with Utah Code 54-2-1
• 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.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• 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
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• 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
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Telephone cooperative: means a telephone corporation that:
       (32)(a) is a cooperative; and
       (32)(b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1
• Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trophy animal: means an animal described as follows:
       (57)(a) deer - a buck with an outside antler measurement of 24 inches or greater;
       (57)(b) elk - a bull with six points on at least one side;
       (57)(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
       (57)(d) moose - a bull with at least one antler exceeding five inches in length;
       (57)(e) mountain goat - a male or female;
       (57)(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
       (57)(g) bison - a bull. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• 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