Terms Used In Utah Code > Title 13 > Chapter 14a - Equipment Repurchase from Retail Dealers

• Abuse: means :

  (i)

  (A)  nonaccidental harm of a child; (B)  threatened harm of a child; (C)  sexual exploitation; (D)  sexual abuse; or (E)  human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102 Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102 Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102 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. Allegation: something that someone says happened. 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. 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. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authorized emergency vehicle: includes : (a)  fire department vehicles; (b)  police vehicles; (c)  ambulances; and (d)  other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102 Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 committed: means , unless specified otherwise: (a)  with respect to a child, to transfer legal custody; and (b)  with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102 Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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. Correctional facility: means : (a)  a county jail; or (b)  a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102 Department: means the Department of Public Safety. See Utah Code 41-12a-103 dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102 Dependent: A person dependent for support upon another. Detention: means home detention or secure detention. See Utah Code 80-1-102 Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103 Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to: (a)  consult with counsel with a reasonable degree of rational understanding; and (b)  have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102 Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102 Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 80-1-102 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. Flood plain: means land that: (a)  is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b)  has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103 Formal probation: means a minor is: (a)  supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and (b)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103 Geologic hazard: means : (a)  a surface fault rupture; (b)  shallow groundwater; (c)  liquefaction; (d)  a landslide; (e)  a debris flow; (f)  unstable soil; (g)  a rock fall; or (h)  any other geologic condition that presents a risk: (i)  to life; (ii)  of substantial loss of real property; or (iii)  of substantial damage to real property. See Utah Code 10-9a-103 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governmental entity: includes : (i)  every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or (ii)  a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a)  marriage; (b)  enlistment in the armed forces; (c)  major medical, surgical, or psychiatric treatment; or (d)  legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102 Harm: means : (a)  physical or developmental injury or damage; (b)  emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c)  sexual abuse; or (d)  sexual exploitation. See Utah Code 80-1-102 Highway: includes :Utah Code 68-3-12.5 Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102 Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103 Intake probation: means a minor is: (i)  monitored by a juvenile probation officer; and (ii)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102 Judgment: means any judgment that is final by: (a)  expiration without appeal of the time within which an appeal might have been perfected; or (b)  final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages: (i)  arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or (ii)  on a settlement agreement. See Utah Code 41-12a-103 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. Juvenile offender: means : (a)  a serious youth offender; or (b)  a youth offender. See Utah Code 80-1-102 Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102 Land: includes :Utah Code 68-3-12.5 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; or (b)  a land use application. See Utah Code 10-9a-103 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102 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 custody: means a relationship embodying: (a)  the right to physical custody of the minor; (b)  the right and duty to protect, train, and discipline the minor; (c)  the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d)  the right to determine where and with whom the minor shall live; and (e)  the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102 Legislative body: means the municipal council. See Utah Code 10-9a-103 Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local historic district or area: means a geographically definable area that: (a)  contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and (b)  is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103 Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102 Mental illness: means : (a)  a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or (b)  the same as that term is defined in: (i)  the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or (ii)  the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102 Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a)  a child; or (b)  an individual: (i)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii)  (A)  who is at least 18 years old and younger than 25 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 Mobile crisis outreach team: means the same as that term is defined in Section 26B-5-101. See Utah Code 80-1-102 Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103 Molestation: means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section 76-5-401. See Utah Code 80-1-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor vehicle: means a vehicle defined in Section 41-1a-102, except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802 Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102 Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102 Neglect: means action or inaction causing: (i)  abandonment of a child, except as provided in 5; (ii)  lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; (iii)  failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; (iv)  a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; (v)  abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or (vi)  educational neglect. See Utah Code 80-1-102 Neglected child: means a child who has been subjected to neglect. See Utah Code 80-1-102 Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002 Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a)  the assigned juvenile probation officer; and (b)  (i)  the minor; or (ii)  the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103 Not competent to proceed: means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to: (a)  understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or (b)  consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. See Utah Code 80-1-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that: (a)  shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b)  provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c)  has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103 Owner: means : (a)  a person who holds legal title to a motor vehicle; (b)  a lessee in possession; (c)  a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or (d)  a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103 Parcel: means any real property that is not a lot. See Utah Code 10-9a-103 parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102 Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 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. Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Person: means :Utah Code 68-3-12.5 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102 Plaintiff: The person who files the complaint in a civil lawsuit. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: includes intake probation or formal probation. See Utah Code 80-1-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecuting attorney: means : (a)  the attorney general and any assistant attorney general; (b)  any district attorney or deputy district attorney; (c)  any county attorney or assistant county attorney; and (d)  any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102 Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: (a)  the day on which the shelter hearing is held under Section 80-3-301; or (b)  the day on which the child is returned home. See Utah Code 80-1-102 Protective services: means expedited services that are provided: (a)  in response to evidence of neglect, abuse, or dependency of a child; (b)  to a cohabitant who is neglecting or abusing a child, in order to: (i)  help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and (ii)  strengthen the cohabitant's ability to provide safe and acceptable care; and (c)  in cases where the child's welfare is endangered: (i)  to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; (ii)  to cause a protective order to be issued for the protection of the child, when appropriate; and (iii)  to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A)  removal from the child's home; (B)  placement in substitute care; and (C)  petitioning the court for termination of parental rights. See Utah Code 80-1-102 Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a)  the minor is permitted to remain in the minor's home; and (b)  supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102 Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103 Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103 Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103 Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103 Related condition: means a condition that: (i)  is found to be closely related to intellectual disability; (ii)  results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual; (iii)  is likely to continue indefinitely; and (iv)  constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102 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. residual parental rights and duties: includes the right to consent to: (i)  marriage; (ii)  enlistment; and (iii)  major medical, surgical, or psychiatric treatment. See Utah Code 80-1-102 Road: includes :Utah Code 68-3-12.5 Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. See Utah Code 80-1-102 Safety belt: means a safety belt or seat belt system that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802 Seating position: means any area within the passenger compartment of a motor vehicle in which the manufacturer has installed a safety belt. See Utah Code 41-6a-1802 Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102 Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102 Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a)  before disposition of an offense that is alleged to have been committed by the minor; or (b)  under Section 80-6-704. See Utah Code 80-1-102 Secured area: means an area, enclosed by clear boundaries, to which access is limited and not open to the public and entry is only obtainable through specific access-control points. See Utah Code 41-6a-2002 Serious youth offender: means an individual who: (a)  is at least 14 years old, but under 25 years old; (b)  committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and (c)  is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b): (i)  if committed by an individual who is 18 years old or older: (A)  chronic abuse; (B)  severe abuse; (C)  sexual abuse; (D)  sexual exploitation; (E)  abandonment; (F)  chronic neglect; or (G)  severe neglect; or (ii)  if committed by an individual who is under 18 years old: (A)  causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or (B)  sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102 Sexual abuse: means : (a)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; (b)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (i)  there is an indication of force or coercion; (ii)  the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; (iii)  there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or (iv)  there is a disparity in chronological age of four or more years between the two children; (c)  engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense: (i)  4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; (ii)  child bigamy, Section 76-7-101. See Utah Code 80-1-102 Sexual exploitation: means knowingly: (a)  employing, using, persuading, inducing, enticing, or coercing any child to: (i)  pose in the nude for the purpose of sexual arousal of any individual; or (ii)  engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; (b)  displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i)  in the nude, for the purpose of sexual arousal of any individual; or (ii)  engaging in sexual or simulated sexual conduct; or (c)  engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. See Utah Code 80-1-102 Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102 Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102 Significant risk: means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on: (a)  age; (b)  social factors; (c)  emotional factors; (d)  sexual factors; (e)  intellectual factors; (f)  family risk factors; and (g)  other related considerations. See Utah Code 80-1-102 Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 80-1-102 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 State: includes any department, division, or agency of the state. See Utah Code 10-9a-103 Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102 Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103 Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102 substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102 Substitute care: means : (a)  the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; (b)  services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or (c)  the licensing and supervision of a substitute care facility. See Utah Code 80-1-102 Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Swear: includes "affirm. See Utah Code 68-3-12.5 Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102 Therapist: means : (a)  an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b)  any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102 Threatened harm: means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. See Utah Code 80-1-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Ungovernable: means a child in conflict with a parent or guardian, and the conflict: (a)  results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; (b)  poses a threat to the safety or well-being of the child, the child's family, or others; or (c)  results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Uphold: The decision of an appellate court not to reverse a lower court decision. Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102 Writing: includes :Utah Code 68-3-12.5 Youth offender: means an individual who is: (a)  at least 12 years old, but under 21 years old; and (b)  committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103