77-38-302.  Definitions.
     As used in this part:

(1)  “Convicted person” means a person who has been convicted of a crime.

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 77-38-302

  • Contract: A legal written agreement that becomes binding when signed.
  • Convicted person: means a person who has been convicted of a crime. See Utah Code 77-38-302
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 77-38-302
  • Memorabilia: means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted. See Utah Code 77-38-302
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Notoriety of crimes contract: means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:
(a) the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;
(b) the expression of the convicted person's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or
(c) the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime. See Utah Code 77-38-302
  • Office: means the Utah Office for Victims of Crime. See Utah Code 77-38-302
  • Person: means :Utah Code 68-3-12.5
  • 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.
  • Property: includes both real and personal property. 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    • (2)  “Conviction” means an adjudication by a federal or state court resulting from a trial or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity, or not guilty but having a mental condition regardless of whether the sentence was imposed or suspended.

    (3)  “Fund” means the Crime Victim Reparations Fund created in Section 63M-7-526.

    (4)  “Memorabilia” means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted.

    (5)  “Notoriety of crimes contract” means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:

    (a)  the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;

    (b)  the expression of the convicted person’s thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or

    (c)  the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime.

    (6)  “Office” means the Utah Office for Victims of Crime.

    (7)  “Profit” means any income or benefit:

    (a)  over and above the fair market value of tangible property that is received upon the sale or transfer of memorabilia; or

    (b)  any money, negotiable instruments, securities, or other consideration received or contracted for gain which is traceable to a notoriety of crimes contract.

    Amended by Chapter 184, 2023 General Session

      Previous section
    Next section  
     Part 3 Contents