Terms Used In Utah Code > Title 77 > Chapter 11a > Part 4 - Disposal of Seized Property and Contraband

• Agency: includes a law enforcement agency or a multijurisdictional task force. 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
• Contract: A legal written agreement that becomes binding when signed.
• Court: means a municipal, county, or state court. See Utah Code 77-11a-101
• 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
• 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.
• 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
• 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
• 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
• 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