Terms Used In Utah Code > Title 35A > Chapter 16 > Part 2 - Office of Homeless Services

• 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
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amusement device: includes :

  (i)	a video game;

  (ii)	a driving simulator;

  (iii)

  an electronic game;

  (iv)	a claw machine;

  (v)	a bowling game;

  (vi)	a shuffleboard game;

  (vii)

  a skee-ball game;

  (viii)

  a pool table;

  (ix)	a pinball machine;

  (x)	a target machine; and

  (xi)

  a baseball machine. See Utah Code 76-10-1101 Amusement facility: means a facility that: (a)  is operated primarily for the purpose of providing amusement or entertainment to customers; (b)  is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device; (c)  receives a substantial amount of the facility's revenue from the operation of amusement devices; and (d)  does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appraisal: A determination of property value. Appropriate reward: means a reward that: (i)  an individual receives as a result of the individual's participation in or use of an amusement device; and (ii)  provides: (A)  full and adequate return for money, a token, or other consideration or value invested into the amusement device; (B)  an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value; (C)  a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or (D)  tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101 Bank: means an agent, agency, or office in this state of a person doing business in any one of the following capacities: (a)  a commercial bank or trust company organized under the laws of this state or of the United States; (b)  a private bank; (c)  a savings and loan association or a building and loan association organized under the laws of the United States; (d)  an insured institution as defined in Section 401 of the National Housing Act; (e)  a savings bank, industrial bank, or other thrift institution; (f)  a credit union organized under the laws of this state or of the United States; or (g)  any other organization chartered under Title 7, Financial Institutions Act, and subject to the supervisory authority set forth in that title. See Utah Code 76-10-1902 Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conduct: means an act or omission. See Utah Code 76-1-101.5 Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102 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. Counterclaim: A claim that a defendant makes against a plaintiff. Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dangerous weapon: means :Utah Code 76-1-101.5 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. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. See Utah Code 76-10-1602 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 committee: means the executive committee of the homelessness council described in Section 35A-16-204. See Utah Code 35A-16-102 Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Fiduciary: A trustee, executor, or administrator. Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities: (a)  a bank, except bank credit card systems; (b)  a broker or dealer in securities; (c)  a currency dealer or exchanger, including a person engaged in the business of check cashing; (d)  an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period; (e)  a licensed transmitter of funds or other person engaged in the business of transmitting funds; (f)  a telegraph company; (g)  a person subject to supervision by a state or federal supervisory authority; or (h)  the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902 Financial transaction: means a transaction: (a)  involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or (b)  involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101 Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101 Gambling: includes a lottery. See Utah Code 76-10-1101 Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101 Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. HMIS: means an information technology system that: (a)  is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and (b)  meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b). See Utah Code 35A-16-102 Homelessness council: means the Utah Homelessness Council created in Section 35A-16-204. See Utah Code 35A-16-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101 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. Land: includes :Utah Code 68-3-12.5 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 Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint Lien: A claim against real or personal property in satisfaction of a debt. Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101 Monetary instruments: means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in other form so that title passes upon delivery. See Utah Code 76-10-1902 Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Office of Homeless Services. See Utah Code 35A-16-102 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 online gambling: means gambling, fringe gambling, or gaming by use of: (a)  the Internet; or (b)  any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101 Oversight: Committee review of the activities of a Federal agency or program. 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. Pattern of unlawful activity: means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 76-10-1602 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Person: includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities. See Utah Code 76-10-1602 Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902 Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301 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. Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101 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. Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that: (a)  continues for a limited period of time; (b)  is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business; (c)  does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity; (d)  promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and (e)  does not, through use of a machine or device: (i)  simulate a gambling environment; (ii)  require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device; (iii)  provide a good or service described in Subsection (16)(b): (A)  in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or (B)  at a value less than the full value of the good or service; (iv)  appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling; (v)  provide an entertaining display, designed to appeal to an individual's senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including: (A)  a video playing card game, including a video poker game; (B)  a video bingo game; (C)  a video craps game; (D)  a video keno game; (E)  a video lotto game; (F)  an 8-liner machine; (G)  a Pot O' Gold game; (H)  a video game involving a random or chance matching of pictures, words, numbers, or symbols; or (I)  a video game that reveals a prize as the game is played; or (vi)  otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301 Public place: means a place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301 Public servant: means :Utah Code 76-1-101.5 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sexual activity: means , regardless of the gender of either participant: (a)  an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or (b)  the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101 Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902 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 Statute: A law passed by a legislature. Steering committee: means the Utah Homeless Network Steering Committee created in Section 35A-16-206. See Utah Code 35A-16-102 Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102 Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Summons: Another word for subpoena used by the criminal justice system. Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion: (a)  that an individual may enter with or without payment of any consideration; (b)  that qualifies the person to win a prize; and (c)  the result of which is based on chance. See Utah Code 76-10-1101 Testimony: Evidence presented orally by witnesses during trials or before grand juries. transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902 Transaction in currency: means a transaction involving the physical transfer of currency from one person to another. See Utah Code 76-10-1902 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unlawful activity: means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony: (a)  any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized Recording Practices Act; (b)  any act prohibited by the criminal provisions of Title 19, Environmental Quality Code, Sections 19-1-101 through 19-7-109; (c)  taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources Code of Utah, or Section 23-20-4; (d)  false claims for medical benefits, kickbacks, and any other act prohibited by 11, Sections 26B-3-1101 through 26B-3-1112; (e)  any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal Offenses and Procedure Act; (f)  any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; (g)  any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act; (h)  any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform Securities Act; (i)  any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah Procurement Code; (j)  assault or aggravated assault, Sections 76-5-102 and 76-5-103; (k)  a threat of terrorism, Section 76-5-107. See Utah Code 76-10-1602 Usury: Charging an illegally high interest rate on a loan. Source: OCC Vending machine: means a device: (a)  that dispenses merchandise in exchange for money or any other item of value; (b)  that provides full and adequate return of the value deposited; (c)  through which the return of value is not conditioned on an element of chance or skill; and (d)  (i)  does not include a promotional activity; or (ii)  includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101 Video gaming device: means a device that includes all of the following: (a)  a video display and computer mechanism for playing a game; (b)  the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player; (c)  a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining; (d)  a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits: (i)  does not significantly extend the length of play time of any single game; and (ii)  provides for a chance of greater return of credits, games, or money; and (e)  an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101 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