Terms Used In Utah Code > Title 77 > Chapter 38b - Crime Victims Restitution Act

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Conviction: means :
            (3)(a)(i) a plea of:

                 (3)(a)(i)(A) guilty;

                 (3)(a)(i)(B) guilty with a mental condition; or

                 (3)(a)(i)(C) no contest; or
            (3)(a)(ii) a judgment of:

                 (3)(a)(ii)(A) guilty; or

                 (3)(a)(ii)(B) guilty with a mental condition. See Utah Code 77-38b-102
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Criminal conduct: means :
       (5)(a) any misdemeanor or felony offense of which the defendant is convicted; or
       (5)(b) any other criminal behavior for which the defendant admits responsibility to the court with or without an admission of committing the criminal behavior. See Utah Code 77-38b-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
• Deceased victim: means an individual whose death is proximately caused by the criminal conduct of the defendant. See Utah Code 77-38b-102
• Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Corrections. See Utah Code 77-38b-102
• Dependent: includes :
            (9)(b)(i) a child:

                 (9)(b)(i)(A) who is younger than 18 years old; and

                 (9)(b)(i)(B) for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or legal guardian;
            (9)(b)(ii) an unborn child who has a parent-child relationship with a deceased victim, or a permanently impaired victim, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act; or
            (9)(b)(iii) an incapacitated individual for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or the legal guardian. See Utah Code 77-38b-102
• Dependent: A person dependent for support upon another.
• Dependent support: means the financial obligation of an individual to provide for the routine needs of a dependent, including food, clothing, health care, safety, or shelter. See Utah Code 77-38b-102
• Diversion agreement: means an agreement entered into by the prosecuting attorney and the defendant that suspends criminal proceedings before conviction on the condition that a defendant agree to participate in a rehabilitation program, pay restitution to the victim, or fulfill some other condition. See Utah Code 77-38b-102
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Docket: A log containing brief entries of court proceedings.
• 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.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
• Incapacitated individual: means an individual who is incapacitated. See Utah Code 77-38b-102
• incapacitation: means the individual is:
       (12)(a) mentally or physically impaired to the extent that the individual is permanently unable to gain employment and provide basic necessities, including food, clothing, health care, safety, or shelter; and
       (12)(b) reliant on a parent, legal guardian, or other relative or person to provide basic necessities for the individual. See Utah Code 77-38b-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Legal guardian: means an individual appointed by a court to make decisions regarding a child or an incapacitated individual. See Utah Code 77-38b-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life expectancy: means the number of months an individual is or was expected to live considering medical records and experiential data for the individual. See Utah Code 77-38b-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
• Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
• Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
• Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
• Pecuniary damages: means all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred. See Utah Code 77-38b-102
• Permanently impaired victim: means an incapacitated individual whose incapacitation is proximately caused by the criminal conduct of the defendant. See Utah Code 77-38b-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
• 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.
• Plea disposition: means an agreement entered into between the prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any other jurisdiction or where charges are dismissed without a plea. See Utah Code 77-38b-102
• Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-38b-102
• Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-38b-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Receipt of surrender of ownership documents: means the receipt of surrender of ownership documents described in Section 41-1a-503. See Utah Code 41-1a-102
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unborn child: means a human fetus or embryo in any stage of gestation from fertilization until birth. See Utah Code 77-38b-102
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Victim: includes :
            (26)(b)(i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519;
            (26)(b)(ii) the estate of a deceased victim;
            (26)(b)(iii) a dependent; or
            (26)(b)(iv) a parent, spouse, intimate partner as defined in Utah Code 77-38b-102
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.