Terms Used In Utah Code > Title 35A > Chapter 13 > Part 1 - General Provisions

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Antiquities: means :

  (a)	all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and

  (b)

  vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Automated sales suppression device: means : (a)  a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or (b)  a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302 Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5 Catalytic converter: means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions. See Utah Code 76-6-1402 Common mail carrier: means a person engaged in or transacting the business of collecting, transporting, or delivering mail, other than the United States Postal Service. See Utah Code 76-6-1001 Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101 Conduct: means an act or omission. See Utah Code 76-1-101.5 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means : (a)  a scrap metal processor or secondary metals dealer or recycler, but does not include: (i)  junk dealers as defined in Section 76-6-1402; (ii)  solid waste management facilities as defined in Section 19-6-502; or (iii)  the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605: (A)  retailers; (B)  wholesalers; (C)  battery manufacturers; and (D)  secondary lead smelters. See Utah Code 76-6-1402 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Dependent: A person dependent for support upon another. Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102 Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102 Electronic cash register: means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data. See Utah Code 76-6-1302 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. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102 Identification: means a form of positive identification issued by a state of the United States or the United States federal government that: (a)  contains a numerical identifier and a photograph of the person identified; (b)  provides the date of birth of the person identified; and (c)  includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402 Independent living rehabilitation services: means goods and services reasonably necessary to enable an individual with a severe disability to maintain or increase functional independence. See Utah Code 35A-13-102 Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402 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. Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001 Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901 Lien: A claim against real or personal property in satisfaction of a debt. Mail: means any letter, card, parcel, or other material, along with its contents, that: (a)  has postage affixed by the postal customer or postal service; (b)  has been accepted for delivery by the postal service; (c)  the postal customer leaves for collection by the postal service; or (d)  the postal service delivers to the postal customer. See Utah Code 76-6-1001 Mail receptacle: means a mail box, post office box, rural box, or any place or area intended or used by postal customers or a postal service for the collection or delivery of mail. See Utah Code 76-6-1001 Metals refiner: means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal. See Utah Code 76-6-1402 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202 Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC 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. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102 Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, business, or entity. See Utah Code 76-6-1302 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 76-6a-101 Personal identifying information: means the same as that term is defined in Section 76-6-1101. See Utah Code 76-6-1001 Phantomware: means a programming option that: (a)  is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and (b)  can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register. See Utah Code 76-6-1302 Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5 Postage: means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail. See Utah Code 76-6-1001 Postal service: means the United States Postal Service or a private common mail carrier. See Utah Code 76-6-1001 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 Pyramid scheme: means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation that is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property. See Utah Code 76-6a-101 Regulated metal: includes : (i)  aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery; (ii)  property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of: (A)  a telephone, cable, electric, water, or other utility; or (B)  a railroad company; (iii)  unused and undamaged building construction materials made of metal or alloy, including: (A)  copper pipe, tubing, or wiring; and (B)  aluminum wire, siding, downspouts, or gutters; (iv)  oil well rigs, including any part of the rig; (v)  nonferrous materials, stainless steel, and nickel; and (vi)  irrigation pipe. See Utah Code 76-6-1402 Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 76-6-1101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Scrap metal processor: means any person: (a)  who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and (b)  whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes. See Utah Code 76-6-1402 Sensitive personal identifying information: includes : (a)  the following information regarding an individual's: (i)  Social Security number; (ii)  driver license number or other government issued identification number; (iii)  financial account number or credit or debit card number; (iv)  password or personal identification number or other identification required to gain access to a financial account or a secure website; (v)  automated or electronic signature; and (vi)  unique biometric data; and (b)  any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 State lands: means all lands owned by: (a)  Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and (b)  political subdivisions. See Utah Code 76-6-901 Transaction data: includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction. See Utah Code 76-6-1302 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202 Vocational rehabilitation services: means goods and services reasonably necessary to enable an individual with a disability to obtain and retain employment. See Utah Code 35A-13-102 Writing: includes :Utah Code 68-3-12.5 written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5