Terms Used In Utah Code > Title 41 > Chapter 1a > Part 5 - Titling Requirement

• Abuse: means any of the following:
       (1)(a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
       (1)(b) "child abuse" as that term is defined in Section 76-5-109. See Utah Code 77-38-601
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. See Utah Code 77-38-601
• Advocacy services: means assistance provided that supports, supplements, intervenes, or links a victim or a victim's family with appropriate resources and services to address the wide range of potential impacts of being victimized. See Utah Code 77-38-403
• Advocacy services provider: means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization. See Utah Code 77-38-403
• Agency: means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. See Utah Code 77-40a-101
• Allegation: something that someone says happened.
• Alleged sexual offender: means the same as that term is defined in Section 53-10-801. See Utah Code 77-37-2
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• Assailant: means an individual who commits or threatens to commit abuse, human trafficking, domestic violence, stalking, or a sexual offense against an applicant for the program or a minor or incapacitated individual residing with an applicant for the program. See Utah Code 77-38-601
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601
• Authorization card: means a card issued by the commission that identifies a program participant as enrolled in the program with the program participant's assigned address and the date on which the program participant will no longer be enrolled in the program. See Utah Code 77-38-601
• Automatic expungement: means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition. See Utah Code 77-40a-101
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in section 53-10-201. See Utah Code 77-41-102
• Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-40a-101
• Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
• carries on a vocation: includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit. See Utah Code 77-41-102
• Certificate of eligibility: means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. See Utah Code 77-40a-101
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Certifying entity: means any of the following:
       (1)(a) a law enforcement agency, as defined in Section 77-7a-103;
       (1)(b) a prosecutor, as defined in Section Utah Code 77-38-502
• Certifying official: means :
       (2)(a) the head of the certifying entity;
       (2)(b) a person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;
       (2)(c) a judge; or
       (2)(d) any other certifying official defined under Utah Code 77-38-502
• Chambers: A judge's office.
• Child: means a person who is younger than 18 years old, unless otherwise specified in statute. See Utah Code 77-37-2
• Child abuse offender: means an individual:
       (1)(a) who has been convicted in this state of a violation of:

            (1)(a)(i) aggravated child abuse under Subsection Utah Code 77-41-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-40a-101
• Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Clean slate eligible case: includes a case:
            (7)(b)(i) that is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) if:

                 (7)(b)(i)(A) except as provided in Subsection (7)(c), each charge within the case is a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;

                 (7)(b)(i)(B) the individual involved meets the requirements of Subsection (7)(a)(ii); and

                 (7)(b)(i)(C) the time periods described in Subsections (7)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed; or
            (7)(b)(ii) where charges are dismissed without prejudice if each conviction, or charge that was dismissed, in the case would otherwise meet the requirements under Subsection (7)(a) or (b)(i). See Utah Code 77-40a-101
• Commission: means the State Tax Commission. See Utah Code 41-1a-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-502
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential communication: means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship. See Utah Code 77-38-203
• Confidential communication: means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services. See Utah Code 77-38-403
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convicted: includes , unless otherwise specified, the period a plea is held in abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1. See Utah Code 77-41-102
• Convicted person: means a person who has been convicted of a crime. See Utah Code 77-38-302
• 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
• Conviction: means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere. See Utah Code 77-40a-101
• 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.
• Court: means a district court or a justice court. See Utah Code 77-40a-101
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. 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 77-40a-101
• 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
• Criminal justice system victim advocate: means an individual who:
       (4)(a) is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system;
       (4)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
       (4)(c) completes a minimum 40 hours of trauma-informed training:

            (4)(c)(i) in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and

            (4)(c)(ii) that have been approved or provided by the Utah Office for Victims of Crime; and
       (4)(d) is under the supervision of the director or director's designee of the government agency. See Utah Code 77-38-403
• Criminal protective order: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-40a-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
• 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
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Public Safety. See Utah Code 77-41-102
• Department: means the Department of Corrections. See Utah Code 77-38b-102
• Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
• 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Division: means the Division of Juvenile Justice and Youth Services. See Utah Code 77-41-102
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Docket: A log containing brief entries of court proceedings.
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 77-38-601
• Drug possession offense: means an offense under:
       (14)(a) Subsection 58-37-8(2), except:

            (14)(a)(i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana;

            (14)(a)(ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility; or

            (14)(a)(iii) driving with a controlled substance illegally in the person's body and negligently causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
       (14)(b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
       (14)(c) Section 58-37b-6, possession or use of an imitation controlled substance; or
       (14)(d) any local ordinance which is substantially similar to any of the offenses described in this Subsection (14). See Utah Code 77-40a-101
• 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.
• Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 77-38-302
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 77-38-403
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• 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
• HIV infection: means the same as that term is defined in Section 53-10-801. See Utah Code 77-37-2
• Human trafficking: means a human trafficking offense under Section 76-5-308. See Utah Code 77-38-601
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
• Incapacitated individual: means an individual who is incapacitated. See Utah Code 77-38b-102
• Incapacitated individual: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 77-38-601
• 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
• Indian Country: means :
       (9)(a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation;
       (9)(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and
       (9)(c) all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments. See Utah Code 77-41-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Indigent: means a financial status that results from a court finding that a petitioner is financially unable to pay the fee to file a petition for expungement under Section 78A-2-302. See Utah Code 77-40a-101 v2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Jurisdiction: means any state, Indian Country, United States Territory, or property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-41-102
• Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-102
• Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 77-40a-101
• Kidnap offender: means an individual, other than a natural parent of the victim:
       (11)(a) who has been convicted in this state of a violation of:

            (11)(a)(i) kidnapping under Subsection 76-5-301(2)(c) or (d);

            (11)(a)(ii) child kidnapping under Section Utah Code 77-41-102
• 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
• Legal guardian: means an individual appointed by a court to make decisions regarding a child or an incapacitated individual. See Utah Code 77-38b-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mail: means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail. See Utah Code 77-38-601
• Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
• Memorabilia: means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted. See Utah Code 77-38-302
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 77-38-403
• Minor: means an individual who is younger than 18 years old. See Utah Code 77-38-601
• Minor regulatory offense: includes an offense under Section 76-9-701 or 76-10-105. See Utah Code 77-40a-101
• Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motorcycle: means :
       (43)(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or
       (43)(b) an autocycle. See Utah Code 41-1a-102
• Natural parent: means a minor's biological or adoptive parent, including the minor's noncustodial parent. See Utah Code 77-41-102
• 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.
• Nongovernment organization victim advocate: means an individual who:
       (7)(a) is employed or authorized to volunteer by an nongovernment organization advocacy services provider;
       (7)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
       (7)(c) has a minimum 40 hours of trauma-informed training:

            (7)(c)(i) in assisting victims specific to the specialization or focus of the nongovernment organization advocacy services provider and includes this part regarding privileged confidential communication; and

            (7)(c)(ii)

                 (7)(c)(ii)(A) that have been approved or provided by the Utah Office for Victims of Crime; or

                 (7)(c)(ii)(B) that meets other minimally equivalent standards set forth by the nongovernment organization advocacy services provider; and
       (7)(d) is under the supervision of the director or the director's designee of the nongovernment organization advocacy services provider. See Utah Code 77-38-403
• Notification form: means a form issued by the commission that a program participant may send to a person demonstrating that the program participant is enrolled in the program. See Utah Code 77-38-601
• Notoriety of crimes contract: means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:
       (5)(a) the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;
       (5)(b) the expression of the convicted person's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or
       (5)(c) the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime. See Utah Code 77-38-302
• 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.
• Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
• Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
• Offender: means a child abuse offender, kidnap offender, or sex offender. See Utah Code 77-41-102
• Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
• Office: means the Utah Office for Victims of Crime. See Utah Code 77-38-302
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Park model recreational vehicle: means a unit that:
       (53)(a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
       (53)(b) is not permanently affixed to real property for use as a permanent dwelling;
       (53)(c) requires a special highway movement permit for transit; and
       (53)(d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-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
• Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• 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
• Plea in abeyance: means the same as that term is defined in Section 77-2a-1. See Utah Code 77-40a-101
• Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-38b-102
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at a future date. See Utah Code 77-41-102
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Profit: means any income or benefit:
       (7)(a) over and above the fair market value of tangible property that is received upon the sale or transfer of memorabilia; or
       (7)(b) any money, negotiable instruments, securities, or other consideration received or contracted for gain which is traceable to a notoriety of crimes contract. See Utah Code 77-38-302
• Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
• Program assistant: means an individual designated by the commission under Section 77-38-604 to assist an applicant or program participant. See Utah Code 77-38-601
• Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualifying criminal activity: includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses. See Utah Code 77-38-502
• Rape crisis and services center: means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling through a sexual assault counselor. See Utah Code 77-38-203
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Receipt of surrender of ownership documents: means the receipt of surrender of ownership documents described in Section 41-1a-503. See Utah Code 41-1a-102
• Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material, regardless of physical form or characteristics, that:
       (21)(a) is contained in the agency's file regarding the arrest, detention, investigation, conviction, sentence, incarceration, probation, or parole of an individual; and
       (21)(b) is prepared, owned, received, or retained by an agency, including a court. See Utah Code 77-40a-101 v2
• Record: means a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics. See Utah Code 77-38-403
• Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 77-38-601
• Recreational vehicle: means the same as that term is defined in Section 13-14-102. See Utah Code 41-1a-102
• Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Registration website: means the Sex, Kidnap, and Child Abuse Offender Notification and Registration website described in Section 77-41-110 and the information on the website. See Utah Code 77-41-102
• Replica vehicle: means :
       (67)(a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
       (67)(b) a custom vehicle that meets the requirements under Subsection 41-6a-1507(1)(a)(i)(B). See Utah Code 41-1a-102
• 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
• Roadable aircraft: means the same as that term is defined in Section 72-10-102. See Utah Code 41-1a-102 v3
• Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Sex offender: means an individual:
       (19)(a) convicted in this state of:

            (19)(a)(i) a felony or class A misdemeanor violation of enticing a minor under Section 76-4-401;

            (19)(a)(ii) sexual exploitation of a vulnerable adult under Section 76-5b-202;

            (19)(a)(iii) human trafficking for sexual exploitation under Section Utah Code 77-41-102
• Sexual assault counselor: means an individual who:
       (3)(a) is employed by or volunteers at a rape crisis and services center;
       (3)(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
       (3)(c) is under the supervision of the director or designee of a rape crisis and services center. See Utah Code 77-38-203
• Sexual assault kit: means the same as that term is defined in Section 53-10-902. See Utah Code 77-37-2
• Sexual offense: means any conduct described in:
       (6)(a) Title 76, Chapter 5, Part 4, Sexual Offenses;
       (6)(b) Title 76, Chapter 5b, Sexual Exploitation Act;
       (6)(c) Section 76-7-102, incest;
       (6)(d) Section 76-9-702, lewdness; or
       (6)(e) Section Utah Code 77-37-2
• Sexual offense: means :
       (17)(a) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
       (17)(b) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual Exploitation. See Utah Code 77-38-601
• Sidebar: A conference between the judge and lawyers held out of earshot of the jury and spectators.
• 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 certificate: means a document issued as described in Subsection 77-40a-304(1)(c) by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. See Utah Code 77-40a-101
• Special mobile equipment: includes :
            (75)(b)(i) farm tractors;
            (75)(b)(ii) off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
            (75)(b)(iii) ditch-digging apparatus. See Utah Code 41-1a-102
• Stalking: means the same as that term is defined in Section Utah Code 77-38-601
• 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 or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:
       (19)(a) a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or
       (19)(b) an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Traffic offense: means , except as provided in Subsection (21)(b):
            (21)(a)(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;
            (21)(a)(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
            (21)(a)(iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and
            (21)(a)(iv) all local ordinances that are substantially similar to an offense listed in Subsections (21)(a)(i) through (iii). See Utah Code 77-40a-101
• Traffic offense case: means that each offense in the case is a traffic offense. See Utah Code 77-40a-101
• Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unborn child: means a human fetus or embryo in any stage of gestation from fertilization until birth. See Utah Code 77-38b-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
• Vehicle: means a motor vehicle, an aircraft, or a watercraft subject to registration in any jurisdiction. See Utah Code 77-41-102
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Victim: means an individual, including a minor, against whom an offense has been allegedly committed. See Utah Code 77-37-2
• 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: means an individual who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault. See Utah Code 77-38-203
• Victim: means :
       (9)(a) a victim of a crime as defined in Section 77-38-2;
       (9)(b) an individual who is a victim of domestic violence as defined in Section 77-36-1; or
       (9)(c) an individual who is a victim of dating violence as defined in Section 78B-7-102. See Utah Code 77-38-403
• Victim: means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault. See Utah Code 77-38-601
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim advocate: means :
            (10)(a)(i) a criminal justice system victim advocate;
            (10)(a)(ii) a nongovernment organization victim advocate; or
            (10)(a)(iii) an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Utah Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity. See Utah Code 77-38-403
• 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.
• Waters of this state: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Witness: means any person who has been subpoenaed or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether any action or proceeding has commenced. See Utah Code 77-37-2
• 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