Terms Used In Utah Code > Title 76 > Chapter 10 > Part 16 - Pattern of Unlawful Activity Act

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• 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.
• Appraisal: A determination of property value.
• 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.
• 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}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• 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
• Offense: means a violation of any penal statute of this state. 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.
• 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: 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public servant: means :Utah Code 76-1-101.5
• 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.
• 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
• 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