Terms Used In Utah Code > Title 76 > Chapter 5b - Sexual Exploitation Act

• 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
• Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
• 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.
• 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.
• 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
• Board: means the Housing Board created by this part. See Utah Code 35A-8-501
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Child sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image, picture, or video, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
       (1)(a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;
       (1)(b) the visual depiction is:

            (1)(b)(i) of a minor engaging in sexually explicit conduct; or

            (1)(b)(ii) artificially generated and depicts an individual with substantial characteristics of a minor engaging in sexually explicit conduct; or
       (1)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. See Utah Code 76-5b-103
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• 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.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Director: means the director of the division. See Utah Code 35A-8-101
• Distribute: means , with or without consideration, to sell, exhibit, display, provide, give, grant admission to, provide access to, or otherwise transfer. See Utah Code 76-5b-103
• Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
• 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
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501
• Housing sponsor: means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing. See Utah Code 35A-8-501
• Identifiable minor: means an individual:
       (3)(a)

            (3)(a)(i) who was a minor at the time the visual depiction was created, adapted, or modified; or

            (3)(a)(ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
       (3)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
• Identifiable vulnerable adult: means an individual:
       (4)(a)

            (4)(a)(i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or

            (4)(a)(ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and
       (4)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Juror: A person who is on the jury.
• Lacks capacity to consent: means the same as that term is defined in Section Utah Code 76-5b-103
• 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}
• Live performance: means any act, play, dance, pantomime, song, or other activity performed by live actors in person. See Utah Code 76-5b-103
• 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
• Minor: means an individual who is younger than 18 years old. See Utah Code 76-5b-103
• 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
• Nudity or partial nudity: means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered. See Utah Code 76-5b-103
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Produce: means :
       (9)(a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material; or
       (9)(b) the securing or hiring of individuals to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material. See Utah Code 76-5b-103
• Property: includes both real and personal property. 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.
• Rural: means a county in the state other than Utah, Salt Lake, Davis, or Weber. See Utah Code 35A-8-501
• 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
• Sexually explicit conduct: means actual or simulated:
       (10)(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;
       (10)(b) masturbation;
       (10)(c) bestiality;
       (10)(d) sadistic or masochistic activities;
       (10)(e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
       (10)(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any individual;
       (10)(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
       (10)(h) the explicit representation of the defecation or urination functions. See Utah Code 76-5b-103
• Simulated sexually explicit conduct: means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. See Utah Code 76-5b-103
• 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
• Vulnerable adult: means the same as that term is defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
• Vulnerable adult sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
       (13)(a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;
       (13)(b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
       (13)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct. See Utah Code 76-5b-103