Terms Used In Utah Code > Title 76 > Chapter 8 > Part 5 - Falsification in Official Matters

• 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
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• False statement: includes a false unsworn declaration. See Utah Code 76-8-501
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Juror: A person who is on the jury.
• 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: 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
• 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
• 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
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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
• 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
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unsworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 76-8-501
• 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