Terms Used In Utah Code > Title 77 > Chapter 11a - Seizure of Property and Contraband

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
• Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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}
• 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means :
       (2)(a) an owner of property;
       (2)(b) an interest holder; or
       (2)(c) an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101
• Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101
• Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
• Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
• Contraband: includes :
            (4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
            (4)(b)(ii) a computer that:

                 (4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or

                 (4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11a-101
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means a municipal, county, or state court. See Utah Code 77-11a-101
• Dependent: A person dependent for support upon another.
• Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
• Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 77-11a-101 v2
• Entry number: means the reference number that:
       (16)(a) the designated agent assigns to each notice or other document filed with the registry; and
       (16)(b) is unique for each notice or other document. See Utah Code 38-1a-102
• 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.
• Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
• Forfeit: means to divest a claimant of an ownership interest in property seized by a peace officer or agency. See Utah Code 77-11a-101
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Innocent owner: means a claimant who:
       (9)(a) held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:

            (9)(a)(i) did not have actual knowledge of the offense subjecting the property to seizure; or

            (9)(a)(ii) upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or
       (9)(b) acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and:

            (9)(b)(i) acquired the property in a bona fide transaction for value;

            (9)(b)(ii) was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or

            (9)(b)(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101
• Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101
• Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
• 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
• Law enforcement agency: means :
       (11)(a) a municipal, county, state institution of higher education, or state police force or department;
       (11)(b) a sheriff's office; or
       (11)(c) a municipal, county, or state prosecuting authority. See Utah Code 77-11a-101
• Legislative body: means :
       (12)(a)

            (12)(a)(i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or

            (12)(a)(ii) the agency's governing political subdivision; or
       (12)(b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Multijurisdictional task force: means a law enforcement task force or other agency comprised of individuals who are employed by or acting under the authority of different governmental entities, including federal, state, county, or municipal governments, or any combination of federal, state, county, or municipal agencies. See Utah Code 77-11a-101
• Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102
• Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
• Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101
• Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101
• Peace officer: means an employee:
       (16)(a) of an agency;
       (16)(b) whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and
       (16)(c) who is authorized by the agency to seize property. See Utah Code 77-11a-101
• 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
• Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
• Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
• Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecuting attorney: means :
       (19)(a) the attorney general and an assistant attorney general;
       (19)(b) a district attorney or deputy district attorney;
       (19)(c) a county attorney or assistant county attorney; and
       (19)(d) an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101
• Public interest use: means a:
       (20)(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
       (20)(b) donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101
• 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.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• Venue: The geographical location in which a case is tried.