||As used in this section:
Terms Used In Utah Code 76-3-203.5
- Allegation: something that someone says happened.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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.
- Juror: A person who is on the jury.
- Person: means :Utah Code 48-2e-1156
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 48-2e-1156
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
- Statute: A law passed by a legislature.
- 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 48-2e-1156
- Verdict: The decision of a petit jury or a judge.
- Writing: includes :Utah Code 48-2e-1156
||“Felony” means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison.
||“Habitual violent offender” means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation.
||“Violent felony” means:
||any of the following offenses, or any attempt, solicitation, or conspiracy to commit any of the following offenses punishable as a felony:
||disarming a police officer, Section 76-5-102.8;
||aggravated assault, Section 76-5-103;
||aggravated assault by prisoner, Section 76-5-103.5;
||commission of domestic violence in the presence of a child, Section 76-5-109.1;
||abuse or neglect of a child with a disability, Section 76-5-110;
||abuse, neglect, or exploitation of a vulnerable adult, Section 76-5-111;
||endangerment of a child or vulnerable adult, Section 76-5-112.5;
||forcible sexual abuse, Section 76-5-404;
||aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
||aggravated sexual assault, Section 76-5-405;
||sexual exploitation of a minor, Section 76-5b-201;
||sexual exploitation of a vulnerable adult, Section 76-5b-202;
||tampering with a witness under Subsection 76-8-508(1);
||retaliation against a witness, victim, or informant under Section 76-8-508.3;
||extortion to dismiss a criminal proceeding under Section 76-8-509 if by any threat or by use of force theft by extortion has been committed pursuant to Subsections 76-6-406(2)(a), (b), and (i);
||possession, use, or removal of explosive, chemical, or incendiary devices under Subsections 76-10-306(3) through (6);
||unlawful delivery of explosive, chemical, or incendiary devices under Section 76-10-307;
||purchase or possession of a dangerous weapon or handgun by a restricted person under Section 76-10-503;
||unlawful discharge of a firearm under Section 76-10-508;
||discharging firearms and hurling missiles under Section 76-10-1505; or
||any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violent felony as defined in this Subsection (1) if committed in this state.