58-64-102. Definitions. In addition to the definitions in Section
58-1-102, as used in this chapter:
| (1) |
“Deception detection examination” means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. |
Terms Used In Utah Code 58-64-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Deception detection examination: means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. See Utah Code 58-64-102
- Deception detection examiner: means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations. See Utah Code 58-64-102
- Instrument: means a polygraph, voice stress analyzer, ocular-motor test, or any other device or software application that records the examinee's cardiovascular patterns, respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception. See Utah Code 58-64-102
| (2) |
“Deception detection examination administrator” means an individual who engages in or represents that the individual is engaged in:
| (a) |
conducting or administering a deception detection examination using a software application designed for detecting deception without intervention from the examination administrator; or |
| (b) |
the interpretation of deception detection examination results derived from a software application designed for detecting deception. |
|
| (3) |
“Deception detection examiner” means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations. |
| (4) |
“Deception detection intern” means an individual who engages in deception detection examinations under the supervision and control of a deception detection examiner for the purpose of training and qualification as a deception detection examiner. |
| (5) |
“Instrument” means a polygraph, voice stress analyzer, ocular-motor test, or any other device or software application that records the examinee’s cardiovascular patterns, respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception. |
| (6) |
“Unlawful conduct” means the same as that term is defined in Sections 58-1-501 and 58-64-501. |
| (7) |
“Unprofessional conduct” means the same as that term is defined in Sections 58-1-501 and 58-64-502 and as may be further defined by rule. |
Amended by Chapter 154, 2020 General Session
