§ 77-23d-101 Title
§ 77-23d-102 Definitions
§ 77-23d-103 Use of imaging surveillance device — Warrant required — Exceptions
§ 77-23d-104 Notification required — Delayed notification
§ 77-23d-105 Data use and retention
§ 77-23d-106 Biometric surveillance information

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Terms Used In Utah Code > Title 77 > Chapter 23d - Surveillance Privacy

  • Accuser: means an individual who:
         (1)(a) signs and swears to charges;
         (1)(b) directs that charges nominally be signed and sworn to by another; or
         (1)(c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Airport: means the same as that term is defined in Section 72-10-102. See Utah Code 77-23d-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized property: means :
         (2)(a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility;
         (2)(b) critical infrastructure if owned or operated by a government entity;
         (2)(c) an elementary or secondary public or charter school;
         (2)(d) a courthouse; or
         (2)(e) an airport. See Utah Code 77-23d-102
  • Biometric surveillance information: means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. See Utah Code 77-23d-102
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • Critical infrastructure: means the same as that term is defined in Section Utah Code 77-23d-102
  • Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
  • 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.
  • Government entity: includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
  • Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
  • Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-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.
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
  • Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
  • National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public safety threat: means a documented reasonable articulable suspicion of:
         (7)(a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or
         (7)(b) a threat by a specific individual to commit an offense under Section 76-5-107, Threat of violence. See Utah Code 77-23d-102
  • Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
  • 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
  • Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
  • Surveillance information: means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. See Utah Code 77-23d-102
  • Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Violent felony: means the same as that term is defined in Section Utah Code 77-23d-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5