Terms Used In Utah Code > Title 63M > Chapter 7 > Part 5 - Utah Office for Victims of Crime

• Accomplice: means an individual who has engaged in criminal conduct as described in Section 76-2-202. See Utah Code 63M-7-502
• Administrator: includes "executor" when the subject matter justifies the use. 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.
• Advocacy services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 63M-7-502
• Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Claimant: means any of the following claiming reparations under this part:
       (5)(a) a victim;
       (5)(b) a dependent of a deceased victim; or
       (5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
• Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the claimant has received, or that is readily available to the claimant from:
       (7)(a) the offender;
       (7)(b) the insurance of the offender or the claimant;
       (7)(c) the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs;
       (7)(d) social security, Medicare, and Medicaid;
       (7)(e) state-required temporary nonoccupational income replacement insurance or disability income insurance;
       (7)(f) workers' compensation;
       (7)(g) wage continuation programs of any employer;
       (7)(h) proceeds of a contract of insurance payable to the claimant for the loss the claimant sustained because of the criminally injurious conduct;
       (7)(i) a contract providing prepaid hospital and other health care services or benefits for disability; or
       (7)(j) veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-101.5
• Confidential record: includes :
            (8)(b)(i) a reparations claim;
            (8)(b)(ii) any correspondence regarding:

                 (8)(b)(ii)(A) the approval or denial of a reparations claim; or

                 (8)(b)(ii)(B) the payment of a reparations award;
            (8)(b)(iii) a document submitted to the office in support of a reparations award;
            (8)(b)(iv) a medical or mental health treatment plan; and
            (8)(b)(v) an investigative report provided to the office by a law enforcement agency. See Utah Code 63M-7-502
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal justice system victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
• Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent: includes a child of the victim born after the victim's death. See Utah Code 63M-7-502
• Director: means the director of the office. See Utah Code 63M-7-502
• Disposition: means the sentencing or determination of penalty or punishment to be imposed upon an individual:
       (15)(a) convicted of a crime;
       (15)(b) found delinquent; or
       (15)(c) against whom a finding of sufficient facts for conviction or finding of delinquency is made. See Utah Code 63M-7-502
• Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fraudulent claim: means a filed reparations based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible. See Utah Code 63M-7-502
• Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502
• 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
• Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (20)(a). See Utah Code 63M-7-502
• Intervention: means a program, sanction, supervision, or event that may impact recidivism. See Utah Code 63M-7-101.5
• Law enforcement agency: means a public or private agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision of this state. See Utah Code 63M-7-502
• Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 63M-7-502
• Mental health counseling: means outpatient and inpatient counseling necessitated as a result of criminally injurious conduct, is subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative

  Rulemaking Act. See Utah Code 63M-7-502

• Misconduct: means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
• Noneconomic detriment: means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this part. See Utah Code 63M-7-502
• Nongovernment organization victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
• Nonpublic restitution record: means a restitution record that contains a claimant's medical or mental health information. See Utah Code 63M-7-502
• Offender: means an individual who has violated Title 76, Utah Criminal

  Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502

• Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502
• Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
• Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502
• 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
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public restitution record: means a restitution record that does not contain a claimant's medical or mental health information. See Utah Code 63M-7-502
• 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 63M-7-502
• Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
• Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
• Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
• Replacement service loss: means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured individual would have performed, not for income but the benefit of the injured individual or the injured individual's dependents if the injured individual had not been injured. See Utah Code 63M-7-502
• Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502
• Restitution record: includes :
            (42)(b)(i) a notice of restitution;
            (42)(b)(ii) an itemized list of payments;
            (42)(b)(iii) an invoice, receipt, or bill submitted to the office for reimbursement; and
            (42)(b)(iv) any documentation that the office relies on to establish a nexus between an offender's criminally injurious conduct and a reparations award made by the office. See Utah Code 63M-7-502
• Secondary victim: means an individual who is traumatically affected by the criminally injurious conduct subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
• Service provider: means an individual or agency who provides a service to a claimant for a monetary fee, except attorneys as provided in Section 63M-7-524. See Utah Code 63M-7-502
• Sexual assault: means any criminal conduct described in Title 76,

  Chapter 5, Part 4, Sexual Offenses. See Utah Code 63M-7-502

• Sexual assault counselor: means an individual who:
       (47)(a) is employed by or volunteers at a rape crisis and services center;
       (47)(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
       (47)(c) is under the supervision of the director of a rape crisis and services center or the director's designee. See Utah Code 63M-7-502
• 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
• 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.
• Strangulation: means any act involving the use of unlawful force or violence that:
       (48)(a) impedes breathing or the circulation of blood; and
       (48)(b) is likely to produce a loss of consciousness by:

            (48)(b)(i) applying pressure to the neck or throat of an individual; or

            (48)(b)(ii) obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502
• Substantial bodily injury: means the same as that term is defined in Section Utah Code 63M-7-502
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
• Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
            (50)(a)(i) criminally injurious conduct; or
            (50)(a)(ii) the production of pornography in violation of Section 76-5b-201 or Utah Code 63M-7-502
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Work loss: means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake. See Utah Code 63M-7-502
• 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