Terms Used In Utah Code > Title 76 > Chapter 7 - Offenses Against the Family

• Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
• Abortion clinic: means the same as that term is defined in Section 26B-2-201. See Utah Code 76-7-301
• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 76-7-301
• 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
• 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.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assisted reproductive treatment: means a method of causing pregnancy by any means other than through sexual intercourse, including:
       (1)(a) intrauterine or intracervical insemination;
       (1)(b) donation of eggs or sperm;
       (1)(c) donation of embryos;
       (1)(d) in vitro fertilization and embryo transfer; and
       (1)(e) intracytoplasmic sperm injection. See Utah Code 76-7-401
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Human Services. See Utah Code 76-7-301
• 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
• Donor: The person who makes a gift.
• Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7-301
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• 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.
• Gamete: means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete, including:
       (2)(a) a sperm;
       (2)(b) an egg; or
       (2)(c) nuclear DNA from one individual combined with the:

            (2)(c)(i) cytoplasm of another individual; or

            (2)(c)(ii) cytoplasmic DNA of another individual. See Utah Code 76-7-401
• Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman. See Utah Code 76-7-301
• 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
• Health care provider: means an individual listed in Subsection 78B-3-403(12). See Utah Code 76-7-401
• Hospital: means :
       (7)(a) a general hospital licensed by the department according to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (7)(b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the department. See Utah Code 76-7-301
• Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301
• 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.
• Medical emergency: means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced. See Utah Code 76-7-301
• Minor: means an individual who is:
       (10)(a) under 18 years old;
       (10)(b) unmarried; and
       (10)(c) not emancipated. See Utah Code 76-7-301
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. 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 State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
• Partial birth abortion: means an abortion in which the person performing the abortion:
            (11)(a)(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
            (11)(a)(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301
• Perinatal hospice: means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that:
       (12)(a) focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and
       (12)(b) may include counseling or medical care by:

            (12)(b)(i) maternal-fetal medical specialists;

            (12)(b)(ii) obstetricians;

            (12)(b)(iii) neonatologists;

            (12)(b)(iv) anesthesia specialists;

            (12)(b)(v) psychiatrists, psychologists, or other mental health providers;

            (12)(b)(vi) clergy;

            (12)(b)(vii) social workers; or

            (12)(b)(viii) specialty nurses. See Utah Code 76-7-301
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• Physician: means :
       (13)(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
       (13)(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
       (13)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(a) or (b). See Utah Code 76-7-301
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• 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
• 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
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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