Terms Used In Utah Code > Title 77 > Chapter 11a > Part 1 - General Provisions

• Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
• 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
• 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
• 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
• 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
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11a-101
• Court: means a municipal, county, or state court. See Utah Code 77-11a-101
• 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
• 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}
• 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.
• 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
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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
• Probate: Proving a will
• Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
• 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
• Venue: The geographical location in which a case is tried.