§ 77-38-301 Title
§ 77-38-302 Definitions
§ 77-38-303 Profit from sale of memorabilia or notoriety of crimes contract — Deposit in Crime Victim Reparations Fund — Penalty

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Terms Used In Utah Code > Title 77 > Chapter 38 > Part 3 - Profits from Notorious Criminal Activity Act

  • Contract: A legal written agreement that becomes binding when signed.
  • Convicted person: means a person who has been convicted of a crime. See Utah Code 77-38-302
  • 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.
  • 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.
  • Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 77-38-302
  • Memorabilia: means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted. See Utah Code 77-38-302
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Notoriety of crimes contract: means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:
         (5)(a) the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;
         (5)(b) the expression of the convicted person's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or
         (5)(c) the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime. See Utah Code 77-38-302
  • Office: means the Utah Office for Victims of Crime. See Utah Code 77-38-302
  • 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.
  • Profit: means any income or benefit:
         (7)(a) over and above the fair market value of tangible property that is received upon the sale or transfer of memorabilia; or
         (7)(b) any money, negotiable instruments, securities, or other consideration received or contracted for gain which is traceable to a notoriety of crimes contract. See Utah Code 77-38-302
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.