Utah Code > Title 76 > Chapter 10 – Offenses Against Public Health, Safety, Welfare, and Morals
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Terms Used In Utah Code > Title 76 > Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
- Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
- Account: means an account in a qualified ABLE program. See Utah Code 35A-12-102
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- 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.
- 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.
- alien: means an individual who is illegally present in the United States. See Utah Code 76-10-2901
- Allocated volume cap: means a volume cap for which:(1)(a) a certificate of allocation is in effect; or(1)(b) bonds have been issued. See Utah Code 35A-8-2102
- Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
- Alternative nicotine product: includes :
(1)(b)(i) pure nicotine;(1)(b)(ii) snortable nicotine;(1)(b)(iii) dissolvable salts, orbs, pellets, sticks, or strips; and(1)(b)(iv) nicotine-laced food and beverage. See Utah Code 76-10-101- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amusement device: includes :
(1)(b)(i) a video game;(1)(b)(ii) a driving simulator;(1)(b)(iii) an electronic game;(1)(b)(iv) a claw machine;(1)(b)(v) a bowling game;(1)(b)(vi) a shuffleboard game;(1)(b)(vii) a skee-ball game;(1)(b)(viii) a pool table;(1)(b)(ix) a pinball machine;(1)(b)(x) a target machine; and(1)(b)(xi) a baseball machine. See Utah Code 76-10-1101- Amusement facility: means a facility that:
(2)(a) is operated primarily for the purpose of providing amusement or entertainment to customers;(2)(b) is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device;(2)(c) receives a substantial amount of the facility's revenue from the operation of amusement devices; and(2)(d) does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antique firearm: means :
(1)(a)(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;(1)(a)(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:(1)(a)(ii)(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or(1)(a)(ii)(B) uses rimfire or centerfire fixed ammunition which is:(1)(a)(ii)(B)(I) no longer manufactured in the United States; and(1)(a)(ii)(B)(II) is not readily available in ordinary channels of commercial trade; or(1)(a)(iii)(1)(a)(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and(1)(a)(iii)(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition. See Utah Code 76-10-501- 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.
- Appraisal: A determination of property value.
- Appropriate reward: means a reward that:
(3)(a)(i) an individual receives as a result of the individual's participation in or use of an amusement device; and(3)(a)(ii) provides:(3)(a)(ii)(A) full and adequate return for money, a token, or other consideration or value invested into the amusement device;(3)(a)(ii)(B) an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value;(3)(a)(ii)(C) a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or(3)(a)(ii)(D) tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103
- Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
- Bank: means an agent, agency, or office in this state of a person doing business in any one of the following capacities:
(1)(a) a commercial bank or trust company organized under the laws of this state or of the United States;(1)(b) a private bank;(1)(c) a savings and loan association or a building and loan association organized under the laws of the United States;(1)(d) an insured institution as defined in Section 401 of the National Housing Act;(1)(e) a savings bank, industrial bank, or other thrift institution;(1)(f) a credit union organized under the laws of this state or of the United States; or(1)(g) any other organization chartered underTitle 7, Financial Institutions Act , and subject to the supervisory authority set forth in that title. See Utah Code 76-10-1902- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means the individual designated:
(2)(a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and(2)(b) to benefit from the amount saved in a 529 savings account. See Utah Code 35A-9-601- Biological agent: means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product, that is capable of causing:
(1)(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;(1)(b) deterioration of food, water, equipment, supplies, or material of any kind; or(1)(c) deleterious alteration of the environment. See Utah Code 76-10-401- Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Bona fide stockholder of record: means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to his interests as a stockholder. See Utah Code 76-10-701
- Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
- Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
- Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
- Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
- Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette. See Utah Code 76-10-101
- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
(3)(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or(3)(b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
- Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201
- Commission: means the State Tax Commission. See Utah Code 35A-9-601
- Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concealed firearm: means a firearm that is:
(3)(a)(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and(3)(a)(ii) readily accessible for immediate use. See Utah Code 76-10-501- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conducts: includes initiating, concluding, or participating in initiating or concluding a transaction. See Utah Code 76-10-1902
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
- Curio or relic firearm: means a firearm that:
(5)(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:(5)(a)(i) sporting use;(5)(a)(ii) use as an offensive weapon; or(5)(a)(iii) use as a defensive weapon;(5)(b)(5)(b)(i) was manufactured at least 50 years before the current date; and(5)(b)(ii) is not a replica of a firearm described in Subsection (5)(b)(i);(5)(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;(5)(d) derives a substantial part of its monetary value:(5)(d)(i) from the fact that the firearm is:(5)(d)(i)(A) novel;(5)(d)(i)(B) rare; or(5)(d)(i)(C) bizarre; or(5)(d)(ii) because of the firearm's association with an historical:(5)(d)(ii)(A) figure;(5)(d)(ii)(B) period; or(5)(d)(ii)(C) event; and(5)(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under Utah Code 76-10-501- Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dangerous weapon: means :
(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5- Dangerous weapon: means :
(6)(a)(i) a firearm; or(6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501- Dating relationship: means a romantic or intimate relationship between individuals. See Utah Code 76-10-501
- Dealer: means a person who is:
(8)(a) licensed under Utah Code 76-10-501- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivery system: means :
(2)(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or(2)(b) any vector. See Utah Code 76-10-401- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Dependent: A person dependent for support upon another.
- Deposit: means the payment of money from a source other than a match. See Utah Code 35A-9-601
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Director: means the director of the division. See Utah Code 35A-8-101
- Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
- Director: means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. See Utah Code 76-10-701
- Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 76-10-501
- Electronic cigarette: includes an oral device that is:
(4)(b)(i) composed of a heating element, battery, or electronic circuit; and(4)(b)(ii) marketed, manufactured, distributed, or sold as:(4)(b)(ii)(A) an e-cigarette;(4)(b)(ii)(B) an e-cigar;(4)(b)(ii)(C) an e-pipe; or(4)(b)(ii)(D) any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101- Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101
- Electronic cigarette substance: means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette. See Utah Code 76-10-101
- Enter: means intrusion of the entire body. See Utah Code 76-10-501
- Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. See Utah Code 76-10-1602
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
- Federal earned income tax credit: means the federal earned income tax credit:
(6)(a) described in Section 32, Internal Revenue Code; and(6)(b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year. See Utah Code 35A-9-601- Federal Firearms Licensee: means a person who:
(11)(a) holds a valid Federal Firearms License issued under Utah Code 76-10-501- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:
(4)(a) a bank, except bank credit card systems;(4)(b) a broker or dealer in securities;(4)(c) a currency dealer or exchanger, including a person engaged in the business of check cashing;(4)(d) an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period;(4)(e) a licensed transmitter of funds or other person engaged in the business of transmitting funds;(4)(f) a telegraph company;(4)(g) a person subject to supervision by a state or federal supervisory authority; or(4)(h) the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902- Financial transaction: means a transaction:
(5)(a) involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or(5)(b) involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- 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.
- Flavored electronic cigarette product: includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint. See Utah Code 76-10-101
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
- Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
- Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
- Gambling: includes a lottery. See Utah Code 76-10-1101
- Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
- Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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- Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
- 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- Hoax weapon of mass destruction: means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not:
(3)(a) meet the definition of a weapon of mass destruction; or(3)(b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. See Utah Code 76-10-401- House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
- Housing affordability: means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intergenerational poverty: means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependance. See Utah Code 35A-9-102
- Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Issuing authority: means :
(7)(a) any county, city, or town in the state;(7)(b) any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these;(7)(c) the state; or(7)(d) any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102- 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- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101
- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103
- Match: means the monetary amount described in Subsection 35A-9-603(2). See Utah Code 35A-9-601
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
- Moderate income housing unit: means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- Monetary instruments: means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in other form so that title passes upon delivery. See Utah Code 76-10-1902
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101
- Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101
- 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.
- Nontherapeutic nicotine device: includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray. See Utah Code 76-10-101
- Nontherapeutic nicotine device substance: means a substance that:
(11)(a) contains nicotine;(11)(b) is sold in a cartridge for use in a nontherapeutic nicotine device;(11)(c) is not purchased with a prescription from a licensed physician; and(11)(d) is not approved by the United States Food and Drug Administration as nicotine replacement therapy. See Utah Code 76-10-101- Nontherapeutic nicotine product: means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device. See Utah Code 76-10-101
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102
- Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
- online gambling: means gambling, fringe gambling, or gaming by use of:
(12)(a) the Internet; or(12)(b) any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Pattern of unlawful activity: means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 76-10-1602
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Person: means any individual, organization, group, association, partnership, corporation, or any combination of them;
(2) "Professional fund raiser" means any person who for compensation or any other consideration plans, conducts, or manages in this state, the solicitation of contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization;(3) "Professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this state for charitable purposes;(4) "Charitable organization" means any organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be such;(5) "Contribution" means the promise or grant of any money or property of any kind or value. See Utah Code 76-10-601- Person: includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities. See Utah Code 76-10-1602
- Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902
- 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- Place of business: includes :
(13)(a) a shop;(13)(b) a store;(13)(c) a factory;(13)(d) a public garage;(13)(e) an office;(13)(f) a theater;(13)(g) a recreation hall;(13)(h) a dance hall;(13)(i) a poolroom;(13)(j) a cafe;(13)(k) a cafeteria;(13)(l) a cabaret;(13)(m) a restaurant;(13)(n) a hotel;(13)(o) a lodging house;(13)(p) a streetcar;(13)(q) a bus;(13)(r) an interurban or railway passenger coach;(13)(s) a waiting room; and(13)(t) any other place of business. See Utah Code 76-10-101- Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301
- Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 35A-9-601
- 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.
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Poverty: means the state of a person who lacks a usual or socially acceptable amount of money or material possessions as demonstrated by the person's income level being at or below the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 35A-9-102
- Prefilled electronic cigarette: means an electronic cigarette that is sold prefilled with an electronic cigarette substance. See Utah Code 76-10-101
- Prefilled nontherapeutic nicotine device: means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance. See Utah Code 76-10-101
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Premarket authorized or pending electronic cigarette product: means an electronic cigarette product that:
(16)(a)(16)(a)(i) has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under Utah Code 76-10-101- Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Education Savings Incentive Program created in Section 35A-9-603. See Utah Code 35A-9-601
- Prohibited area: means a place where it is unlawful to discharge a firearm. See Utah Code 76-10-501
- Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that:
(16)(a) continues for a limited period of time;(16)(b) is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business;(16)(c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity;(16)(d) promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and(16)(e) does not, through use of a machine or device:(16)(e)(i) simulate a gambling environment;(16)(e)(ii) require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device;(16)(e)(iii) provide a good or service described in Subsection (16)(b):(16)(e)(iii)(A) in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or(16)(e)(iii)(B) at a value less than the full value of the good or service;(16)(e)(iv) appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling;(16)(e)(v) provide an entertaining display, designed to appeal to an individual's senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including:(16)(e)(v)(A) a video playing card game, including a video poker game;(16)(e)(v)(B) a video bingo game;(16)(e)(v)(C) a video craps game;(16)(e)(v)(D) a video keno game;(16)(e)(v)(E) a video lotto game;(16)(e)(v)(F) an 8-liner machine;(16)(e)(v)(G) a Pot O' Gold game;(16)(e)(v)(H) a video game involving a random or chance matching of pictures, words, numbers, or symbols; or(16)(e)(v)(I) a video game that reveals a prize as the game is played; or(16)(e)(vi) otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101- Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301
- Public assistance: means :
(10)(a) services or benefits provided under Chapter 3, Employment Support Act;(10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;(10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;(10)(d) SNAP benefits; and(10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102- Public officer: means :
(15)(a) an elected official of a public entity;(15)(b) an individual appointed to, or serving an unexpired term of, an elected official of a public entity;(15)(c) a judge of a court of record or not of record, including justice court judges; or(15)(d) a member of the Board of Pardons and Parole. See Utah Code 76-1-101.5- Public place: means a place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
- Public servant: means :
(16)(a)(i) a public officer;(16)(a)(ii) an appointed official, employee, consultant, or independent contractor of a public entity; or(16)(a)(iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-101.5- Qualifying individual: means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year. See Utah Code 35A-9-601
- Quorum: The number of legislators that must be present to do business.
- Readily accessible for immediate use: means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person. See Utah Code 76-10-501
- 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- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Research: means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose. See Utah Code 76-10-2001
- Research facility: means any building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research. See Utah Code 76-10-2001
- Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retail tobacco specialty business: means the same as that term is defined in Section
26B-7-501 . See Utah Code 76-10-101- 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- Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
- Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103
- 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- Sexual activity: means , regardless of the gender of either participant:
(5)(a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or(5)(b) the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301- short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
- Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 76-10-501
- Situational poverty: means temporary poverty that:
(4)(a) is generally traceable to a specific incident or time period within the lifetime of a person; and(4)(b) is not continued to the next generation. See Utah Code 35A-9-102- Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101
- Slug: means a single projectile discharged from a shotgun shell. See Utah Code 76-10-501
- Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101
- Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section
76-10-1602 , except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902- State: means the state of Utah and any of its agencies, institutions, and divisions authorized to issue bonds or certificates under state law. See Utah Code 35A-8-2102
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Summons: Another word for subpoena used by the criminal justice system.
- Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion:
(18)(a) that an individual may enter with or without payment of any consideration;(18)(b) that qualifies the person to win a prize; and(18)(c) the result of which is based on chance. See Utah Code 76-10-1101- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tobacco paraphernalia: includes :
(19)(b)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;(19)(b)(ii) water pipes;(19)(b)(iii) carburetion tubes and devices;(19)(b)(iv) smoking and carburetion masks;(19)(b)(v) roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;(19)(b)(vi) chamber pipes;(19)(b)(vii) carburetor pipes;(19)(b)(viii) electric pipes;(19)(b)(ix) air-driven pipes;(19)(b)(x) chillums;(19)(b)(xi) bongs; and(19)(b)(xii) ice pipes or chillers. See Utah Code 76-10-101- Tobacco product: means :
(20)(a) a cigar;(20)(b) a cigarette; or(20)(c) tobacco in any form, including:(20)(c)(i) chewing tobacco; and(20)(c)(ii) any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101- Tobacco retailer: means :
(21)(a) a general tobacco retailer, as that term is defined in Section26B-7-501 ; or(21)(b) a retail tobacco specialty business. See Utah Code 76-10-101- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Toxin: means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(4)(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or(4)(b) any poisonous isomer or biological product, homolog, or derivative of the substance under Subsection(4)(a) . See Utah Code 76-10-401- trade device: as used in this part , includes every trademark registrable with the Division of Corporations and Commercial Code. See Utah Code 76-10-1001
- Trade or commerce: includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation. See Utah Code 76-10-3103
- transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902
- Transaction in currency: means a transaction involving the physical transfer of currency from one person to another. See Utah Code 76-10-1902
- 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.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Unlawful activity: means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
(4)(a) an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized Recording Practices Act;(4)(b) an act prohibited by the criminal provisions under Title 19, Environmental Quality Code, Sections19-1-101 through19-7-109 ;(4)(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or Section23A-5-311 ;(4)(d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, Chapter 3, Part 11, Utah False Claims Act, Sections26B-3-1101 through26B-3-1112 ;(4)(e) an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal Offenses and Procedure Act;(4)(f) an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;(4)(g) an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act;(4)(h) an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform Securities Act;(4)(i) an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah Procurement Code;(4)(j) assault under Section76-5-102 ;(4)(k) aggravated assault under Section76-5-103 ;(4)(l) a threat of terrorism under SectionUtah Code 76-10-1602 - Usury: Charging an illegally high interest rate on a loan. Source: OCC
- 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- Vector: means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host. See Utah Code 76-10-401
- Vending machine: means a device:
(19)(a) that dispenses merchandise in exchange for money or any other item of value;(19)(b) that provides full and adequate return of the value deposited;(19)(c) through which the return of value is not conditioned on an element of chance or skill; and(19)(d)(19)(d)(i) does not include a promotional activity; or(19)(d)(ii) includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101- Video gaming device: means a device that includes all of the following:
(20)(a) a video display and computer mechanism for playing a game;(20)(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;(20)(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;(20)(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:(20)(d)(i) does not significantly extend the length of play time of any single game; and(20)(d)(ii) provides for a chance of greater return of credits, games, or money; and(20)(e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101- Violent felony: means the same as that term is defined in Section Utah Code 76-10-501
- Volume cap: means the private activity bond volume cap for the state as computed under Section 146 of the code. See Utah Code 35A-8-2102
- Weapon of mass destruction: means :
(6)(a)(i) any item or instrumentality that is designed or intended to cause widespread death or serious bodily injury to multiple victims;(6)(a)(ii) any item or instrumentality that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;(6)(a)(iii) any disease organism, including any biological agent, toxin, or vector which is used or intended to be used as a weapon;(6)(a)(iv) any item or instrumentality that is designed to release radiation or radioactivity at a level dangerous to human life and that is used or intended to be used as a weapon; or(6)(a)(v) any substance or material or combination which has been prepared or altered for use in the creation of a weapon described in Subsections(6)(a)(i) through(iv) . See Utah Code 76-10-401- 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- Year: means each calendar year. See Utah Code 35A-8-2102