Utah Code 77-11a-202. Ownership interest in property or contraband seized by a peace officer

77-11a-202. Ownership interest in property or contraband seized by a peace officer.

(1)	To disclaim an ownership interest in property at the time of seizure, a person‘s disclaimer of the property must be knowing and voluntary.

Terms Used In Utah Code 77-11a-202

Contraband: includes :

(i)	a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or

(ii)

a computer that:

(A)	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

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

(c)	who is authorized by the agency to seize property. See Utah Code 77-11a-101 Person: means :Utah Code 68-3-12.5 Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
(2)	A person may not assert an ownership interest in contraband seized by a peace officer.

Renumbered and Amended by Chapter 448, 2023 General Session

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