Terms Used In Utah Code > Title 76 > Chapter 8 - Offenses Against the Administration of Government

• 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
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bequest: Property gifted by will.
• Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Capital projects: means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use. See Utah Code 35A-8-1601
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• 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.
• County: means :
       (3)(a) Duchesne County; or
       (3)(b) Uintah County. See Utah Code 35A-8-1601
• Criminal syndicalism: means the doctrine that advocates crime, violence, force, arson, destruction of property, sabotage, or other unlawful acts or methods, as a means of accomplishing or effecting industrial or political ends, or as a means of effecting industrial or political revolution. See Utah Code 76-8-901
• 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
• 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
• Devise: To gift property by will.
• Director: means the director of the division. See Utah Code 35A-8-101
• 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:
• Division: means the Housing and Community Development Division. See Utah Code 35A-8-1601
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• 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.
• Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
• False statement: includes a false unsworn declaration. See Utah Code 76-8-501
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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,
• 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
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• 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.
• Juror: A person who is on the jury.
• 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
• Material: means capable of affecting the course or outcome of an official proceeding, unless the individual who made the statement or provided the information retracts the statement or information before the earlier of:
       (2)(a) the end of the official proceeding in which the statement was made or the information was provided;
       (2)(b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or
       (2)(c) when the statement or information substantially affects the proceeding. See Utah Code 76-8-501
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Oath: A promise to tell the truth.
• 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.
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Official proceeding: means :
       (3)(a) a proceeding before:

            (3)(a)(i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;

            (3)(a)(ii) a notary; or

            (3)(a)(iii) an individual who takes evidence in connection with a proceeding described in Subsection (3)(a)(i);
       (3)(b) a civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or
       (3)(c) an investigation or audit conducted by:

            (3)(c)(i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or

            (3)(c)(ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501
• Overpayment: means the same as that term is defined in Section 35A-3-102. See Utah Code 76-8-1201
• 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.
• Party official: means an individual holding any post in a political party whether by election, appointment, or otherwise. See Utah Code 76-8-101
• Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or a political subdivision of the state, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or a political subdivision of the state. See Utah Code 76-8-101
• Pecuniary benefit: means an advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain. See Utah Code 76-8-101
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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
• 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.
• Provider: means a person or entity that receives compensation from any public assistance program for goods or services provided to a public assistance recipient. See Utah Code 76-8-1201
• Public assistance: means the same as that term is defined in Section 35A-1-102. See Utah Code 76-8-1201
• Public entity: means :
       (13)(a) the state, or an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of the state;
       (13)(b) a political subdivision of the state, including a county, municipality, interlocal entity, special district, special service district, school district, or school board;
       (13)(c) an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a political subdivision of the state; or
       (13)(d) another entity that:

            (13)(d)(i) performs a public function; and

            (13)(d)(ii) is authorized to hold, spend, transfer, disburse, use, or receive public money. See Utah Code 76-1-101.5
• public funds: includes money, funds, or accounts described in Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an independent contractor of the public entity. See Utah Code 76-1-101.5
• 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 property: includes real or personal property that is owned, held, or managed by a public entity after the real or personal property is transferred by the public entity to an independent contractor of the public entity. See Utah Code 76-8-101
• 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
• Quorum: The number of legislators that must be present to do business.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revitalization Fund: means the Uintah Basin Revitalization Fund. See Utah Code 35A-8-1601
• 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
• Sabotage: means the unlawful and intentional damage or injury to, or destruction of, real or personal property, of an employer or owner by an individual. See Utah Code 76-8-901
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 35A-8-1601
• Unsworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 76-8-501
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. 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