Terms Used In Utah Code > Title 77 > Chapter 11a > Part 3 - Return of Seized Property to Claimant

• Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• 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
• 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.
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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
• 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
• 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
• 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
• Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
• 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
• 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
• Venue: The geographical location in which a case is tried.