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

• Adjudication: means :
       (3)(a) a judgment of conviction by plea or verdict of an offense; or
       (3)(b) an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Arrest: Taking physical custody of a person by lawful authority.
• Biological evidence: includes :
            (6)(b)(i) material that is catalogued separately, including:

                 (6)(b)(i)(A) on a slide or swab; or

                 (6)(b)(i)(B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
            (6)(b)(ii) material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
            (6)(b)(iii) the contents of a sexual assault kit; and
            (6)(b)(iv) for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Continuous chain of custody: means :
       (9)(a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
       (9)(b) for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
• Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means a municipal, county, or state court. See Utah Code 77-11c-101
• DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101
• DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-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 property, contraband, or an item or substance that:
       (16)(a) is seized or collected as part of an investigation or prosecution of an offense; and
       (16)(b) may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
• Evidence collecting or retaining entity: includes :
            (17)(b)(i) a medical or forensic entity;
            (17)(b)(ii) a law enforcement agency;
            (17)(b)(iii) a court; and
            (17)(b)(iv) an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101
• Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. See Utah Code 77-11c-101
• Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• 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
• 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
• Verdict: The decision of a petit jury or a judge.
• Violent felony offense: means the same as the term "violent felony" is defined in Section Utah Code 77-11c-101