contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or
(B)
contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of 5. See Utah Code 77-11a-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Peace officer: means an employee:
(a)
of an agency;
(b)
whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
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
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:Utah Code 68-3-12.5
(2)
when the seizure is incident to an arrest;
(3)
when the property seized is the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under Chapter 11b, Forfeiture of Seized Property; or
(4)
when the peace officer has probable cause to believe that the property or contraband:
(a)
is directly or indirectly dangerous to health or safety;
(b)
is evidence of an offense;
(c)
has been used or was intended to be used to commit an offense; or
(d)
is proceeds of an offense.
Renumbered and Amended by Chapter 448, 2023 General Session