Utah Code 77-38-601. Definitions

77-38-601. Definitions.
As used in this part:

(1)

“Abuse” means any of the following:

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Terms Used In Utah Code 77-38-601

Abuse: means any of the following:

(a)	"abuse" as that term is defined in Section 76-5-111 or 80-1-102; or

(b)

"child abuse" as that term is defined in Section 76-5-109. See Utah Code 77-38-601

Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601

Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601

Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 77-38-601

Human trafficking: means a human trafficking offense under Section 76-5-308. See Utah Code 77-38-601

Incapacitated individual: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 77-38-601

Mail: means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail. See Utah Code 77-38-601

Minor: means an individual who is younger than 18 years old. See Utah Code 77-38-601

Person: means :Utah Code 68-3-12.5

Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601

Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601

Sexual offense: means :

(a)	a sexual offense under 4; or

(b)

a sexual exploitation offense under 2. See Utah Code 77-38-601

Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 77-38-601

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

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Victim: means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault. See Utah Code 77-38-601

(a)

“abuse” as that term is defined in Section 76-5-111 or 80-1-102; or

(b)	“child abuse” as that term is defined in Section 76-5-109.

(2)	“Actual address” means the residential street address of the program participant that is stated in a program participant’s application for enrollment or on a notice of a change of address under Section 77-38-610.

(3)	“Assailant” means an individual who commits or threatens to commit abuse, human trafficking, domestic violence, stalking, or a sexual offense against an applicant for the program or a minor or incapacitated individual residing with an applicant for the program.

(4)	“Assigned address” means an address designated by the commission and assigned to a program participant.

(5)	“Authorization card” means a card issued by the commission that identifies a program participant as enrolled in the program with the program participant’s assigned address and the date on which the program participant will no longer be enrolled in the program.

(6)	“Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(7)	“Domestic violence” means the same as that term is defined in Section 77-36-1.

(8)	“Human trafficking” means a human trafficking offense under Section 76-5-308.

(9)	“Incapacitated individual” means an individual who is incapacitated, as defined in Section 75-1-201.

(10)

(a)	“Mail” means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail.

(b)

“Mail” does not include a package, parcel, periodical, or catalogue, unless the package, parcel, periodical, or catalogue is clearly identifiable as:

(i)	being sent by a federal, state, or local agency or another government entity; or

(ii)	a pharmaceutical or medical item.

(11)	“Minor” means an individual who is younger than 18 years old.

(12)	“Notification form” means a form issued by the commission that a program participant may send to a person demonstrating that the program participant is enrolled in the program.

(13)	“Program” means the Safe at Home Program created in Section 77-38-602.

(14)	“Program assistant” means an individual designated by the commission under Section 77-38-604 to assist an applicant or program participant.

(15)	“Program participant” means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program.

(16)	“Record” means the same as that term is defined in Section 63G-2-103.

(17)

“Sexual offense” means:

(a)	a sexual offense under 4; or

(b)	a sexual exploitation offense under 2.

(18)	“Stalking” means the same as that term is defined in Section 76-5-106.5.

(19)

“State or local government entity” means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:

(a)	a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or

(b)	an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official.

(20)	“Victim” means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault.

Amended by Chapter 16, 2023 General Session
Amended by Chapter 237, 2023 General Session

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