Terms Used In Utah Code > Title 78B > Chapter 16 - Utah Uniform Child Abduction Prevention Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:
            (1)(b)(i) used to determine if a person is in need of:

                 (1)(b)(i)(A) substance abuse treatment that is obtained at a substance abuse program;

                 (1)(b)(i)(B) an educational series; or

                 (1)(b)(i)(C) a combination of Subsections (1)(b)(i)(A) and (B); and
            (1)(b)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Conviction: means any conviction arising from a separate episode of driving for a violation of:
            (2)(a)(i) driving under the influence under Section 41-6a-502;
            (2)(a)(ii)

                 (2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or

                 (2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under Section Utah Code 41-6a-501
• Conviction: A judgement of guilt against a criminal defendant.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• drugs: means :
            (1)(d)(i) a controlled substance as defined in Section 58-37-2;
            (1)(d)(ii) a drug as defined in Section 58-17b-102; or
            (1)(d)(iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501
• Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• 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
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-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.
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• motor vehicle: includes :
                 (1)(m)(ii)(A) an off-highway vehicle as defined under Section 41-22-2; and
                 (1)(m)(ii)(B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• 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.
• 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.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Screening: means a preliminary appraisal of a person:
            (1)(i)(i) used to determine if the person is in need of:

                 (1)(i)(i)(A) an assessment; or

                 (1)(i)(i)(B) an educational series; and
            (1)(i)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• 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
• Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-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