Part 1 Driver License Division Administration 53-3-101 – 53-3-109
Part 2 Driver Licensing Act 53-3-201 – 53-3-234
Part 3 Impaired Persons Licensing Act 53-3-301 – 53-3-305
Part 4 Uniform Commercial Driver License Act 53-3-401 – 53-3-420
Part 5 Commercial Driver Training Schools Act 53-3-501 – 53-3-510
Part 6 Drivers’ License Compact 53-3-601 – 53-3-607
Part 7 Nonresident Violator Compact 53-3-701 – 53-3-709
Part 8 Identification Card Act 53-3-801 – 53-3-810
Part 9 Motorcycle Rider Education Act 53-3-901 – 53-3-909
Part 10 Ignition Interlock System Program Act 53-3-1001 – 53-3-1008

Terms Used In Utah Code > Title 53 > Chapter 3

  • Abortion: means :
    (i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician;
    (ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or
    (iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician. See Utah Code 76-7-301
  • Abortion clinic: means the same as that term is defined in Section 26-21-2. See Utah Code 76-7-301
  • Abuse: means the same as that term is defined in Section 78A-6-105. See Utah Code 76-7-301
  • Access: means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them. See Utah Code 76-6-702
  • Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 53-3-211
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • 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.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Agent: means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. See Utah Code 76-2-201
  • Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 53-3-211
  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402
  • Alcohol concentration: means the number of grams of alcohol per:
    (a) 100 milliliters of blood;
    (b) 210 liters of breath; or
    (c) 67 milliliters of urine. See Utah Code 53-3-402
  • Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
  • Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antiquities: means :
    (a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and
    (b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
  • Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • articles of incorporation: means :
    (a) the original articles;
    (b) a special law;
    (c) a charter;
    (d) an amendment;
    (e) restated articles;
    (f) articles of merger or consolidation;
    (g) a trust instrument;
    (h) another constitutive document for a trust or other entity that is not a corporation; and
    (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorization: means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See Utah Code 76-6-702
  • Authorized credit card merchant: means a person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by a card holder and to present valid credit card sales drafts to the issuer for payment. See Utah Code 76-6-506
  • Autocycle: means a motor vehicle that:
    (a) is designed to travel with three or fewer wheels in contact with the ground;
    (b) is equipped with a steering wheel; and
    (c) is equipped with seating that does not require the operator to straddle or sit astride the vehicle. See Utah Code 53-3-102
  • Automated sales suppression device: means :
    (a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or
    (b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Biological agent: means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product, that is capable of causing:
    (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
    (b) deterioration of food, water, equipment, supplies, or material of any kind; or
    (c) deleterious alteration of the environment. See Utah Code 76-10-401
  • Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102
  • Board: means the Driver License Medical Advisory Board created in Section 53-3-303. See Utah Code 53-3-302
  • Bona fide stockholder of record: means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to his interests as a stockholder. See Utah Code 76-10-701
  • Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
  • Bylaws: includes comparable rules for a trust or other entity that is not a corporation. See Utah Code 31A-1-301
  • Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
  • Card holder: means any person or organization named on the face of a financial transaction card to whom or for whose benefit a financial transaction card is issued. See Utah Code 76-6-506
  • Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 53-3-211
  • CDIP: means a commercial learner permit:
    (a) issued under Section 53-3-408; or
    (b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
  • CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • CDL MVR: means a driving record that:
    (i) applies to a person who holds or is required to hold a commercial driver instruction permit or a CDL license; and
    (ii) contains the following:
    (A) information contained in the driver history, including convictions, pleas held in abeyance, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, committed in any type of vehicle;
    (B) driver self-certification status information under Section 53-3-410. See Utah Code 53-3-102
  • CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief administrator: means the principal of a school or the chief administrator of a school that does not have a principal, and includes the administrator's designee or representative. See Utah Code 76-8-1401
  • Child: is a n individual younger than 18 years of age. See Utah Code 76-10-1301
  • Child pornography: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
    (a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;
    (b) the visual depiction is of a minor engaging in sexually explicit conduct; or
    (c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. See Utah Code 76-5b-103
  • Cigar: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette as described in Subsection (2). See Utah Code 76-10-101
  • Cigarette: means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of:
    (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
    (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a). See Utah Code 76-10-101
  • Citation: means a summons, ticket, or other official document issued by a peace officer for a traffic violation, containing an order that requires the motorist to respond. See Utah Code 53-3-702
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Class D license: means the class of license issued to drive motor vehicles not defined as commercial motor vehicles or motorcycles under this chapter. See Utah Code 53-3-102
  • Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collateral: means cash or other security deposited to secure an appearance for trial, following the issuance by a peace officer of a citation for a traffic violation. See Utah Code 53-3-702
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
    (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation;
    (ii) is designed to transport 16 or more passengers, including the driver; or
    (iii) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
  • Commercial testing only school: means a business enterprise conducted by an individual, association, partnership, or corporation that:
    (i) is designated by the division as a commercial testing only school;
    (ii) employs instructors who are certified by the division; and
    (iii) engages only in testing students for the purpose of obtaining a driver license. See Utah Code 53-3-502
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 53-3-505.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means any electronic device or communication facility that stores, processes, transmits, or facilitates the transmission of data. See Utah Code 76-6-702
  • Computer network: means :
    (a) the interconnection of communication or telecommunication lines between:
    (i) computers; or
    (ii) computers and remote terminals; or
    (b) the interconnection by wireless technology between:
    (i) computers; or
    (ii) computers and remote terminals. See Utah Code 76-6-702
  • Computer property: includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them. See Utah Code 76-6-702
  • Computer system: means a set of related, connected or unconnected, devices, software, or other related computer equipment. See Utah Code 76-6-702
  • Computer technology: includes :
    (a) a computer;
    (b) a computer network;
    (c) computer hardware;
    (d) a computer system;
    (e) a computer program;
    (f) computer services;
    (g) computer software; or
    (h) computer data. See Utah Code 76-6-702
  • Concealed firearm: means a firearm that is:
    (i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
    (ii) readily accessible for immediate use. See Utah Code 76-10-501
  • Conducts: includes initiating, concluding, or participating in initiating or concluding a transaction. See Utah Code 76-10-1902
  • Confidential: means data, text, or computer property that is protected by a security system that clearly evidences that the owner or custodian intends that it not be available to others without the owner's or custodian's permission. See Utah Code 76-6-702
  • Conservator: includes a limited conservator. See Utah Code 53-3-211
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that:
    (a) has been sent or received by a user;
    (b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
    (c) is not readily accessible to the public. See Utah Code 53-3-211
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U. See Utah Code 53-3-402
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means any of the following:
    (a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
    (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
    (c) a plea of guilty or nolo contendere accepted by the court;
    (d) the payment of a fine or court costs; or
    (e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
  • Corporation: means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Title 16, Chapter 7, Corporations Sole. See Utah Code 76-2-201
  • 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.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • Court: means the district court. See Utah Code 53-3-211
  • Credit card sales draft: means any sales slip, draft, or other written or electronic record of a sale of money, goods, services, or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card credit number, or personal identification code, whether the record of the sale or purported sale is evidenced by a sales draft, voucher, or other similar document in writing or electronically recorded and transmitted. See Utah Code 76-6-506
  • 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
  • Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
  • Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
    (a) that is currently in operation;
    (b) that has as one of its primary activities the commission of one or more predicate gang crimes;
    (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
    (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802
  • Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
    (a) that is currently in operation;
    (b) that has as one of its substantial activities the commission of one or more predicate gang crimes;
    (c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and
    (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902
  • Critical infrastructure: includes :
    (a) a financial or banking system;
    (b) any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or other transportation system intended for the transportation of persons or property;
    (c) any public utility service, including a power, energy, gas, or water supply system;
    (d) a sewage or water treatment system;
    (e) a health care facility, as that term is defined in Section 26-21-2;
    (f) an emergency fire, medical, or law enforcement response system;
    (g) a public health facility or system;
    (h) a food distribution system;
    (i) a government computer system or network;
    (j) a school; or
    (k) other government facilities, operations, or services. See Utah Code 76-6-702
  • Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 53-3-211
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous weapon: means :
    (i) a firearm; or
    (ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501
  • Dealer: means :
    (a) a scrap metal processor or secondary metals dealer or recycler, but does not include:
    (i) junk dealers as defined in Section 76-6-1402;
    (ii) solid waste management facilities as defined in Section 19-6-502; or
    (iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:
    (A) retailers;
    (B) wholesalers;
    (C) battery manufacturers; and
    (D) secondary lead smelters. See Utah Code 76-6-1402
  • Dealer: means a person who is:
    (a) licensed under 18 U. See Utah Code 76-10-501
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivery system: means :
    (a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
    (b) any vector. See Utah Code 76-10-401
  • Denial of service attack: means an attack or intrusion that is intended to disrupt legitimate access to, or use of, a network resource, a machine, or computer technology. See Utah Code 76-6-702
  • denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Department: means the Department of Health. See Utah Code 76-7-301
  • Dependent: A person dependent for support upon another.
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 53-3-211
  • Devise: To gift property by will.
  • Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 53-3-211
  • Director: means the division director appointed under Section 53-3-103. See Utah Code 53-3-102
  • Director: means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. See Utah Code 76-10-701
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualification: means either:
    (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
    (b) a determination by the Federal Highway Administration, under 49 C. See Utah Code 53-3-102
  • Distribute: means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child pornography or vulnerable adult pornography with or without consideration. See Utah Code 76-5b-103
  • Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
  • Donee: The recipient of a gift.
  • Donor: means a person that creates a power of appointment. See Utah Code 75-10-102
  • Donor: The person who makes a gift.
  • Downgrade: means to obtain a lower license class than what was originally issued during an existing license cycle. See Utah Code 53-3-102
  • Drive: means :
    (a) to operate or be in physical control of a motor vehicle upon a highway; and
    (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
  • driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
  • Driver license: means a license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction. See Utah Code 53-3-702
  • Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
  • Dwelling: means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present. See Utah Code 76-6-201
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 53-3-211
  • Electronic cigarette: means an electronic cigarette product, as defined in Section 59-14-802. See Utah Code 76-10-101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle. See Utah Code 53-3-402
  • Enter: means :
    (a) intrusion of any part of the body; or
    (b) intrusion of any physical object under control of the actor. See Utah Code 76-6-201
  • Enter: means intrusion of the entire body. See Utah Code 76-10-501
  • Enter or remain unlawfully: means a person enters or remains in or on any premises when:
    (a) at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and
    (b) the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises. See Utah Code 76-6-201
  • 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
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • False statement: includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. See Utah Code 76-8-501
  • Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 53-3-102
  • Federal Firearms Licensee: means a person who:
    (a) holds a valid Federal Firearms License issued under 18 U. See Utah Code 76-10-501
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 53-3-211
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:
    (a) a bank, except bank credit card systems;
    (b) a broker or dealer in securities;
    (c) a currency dealer or exchanger, including a person engaged in the business of check cashing;
    (d) an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period;
    (e) a licensed transmitter of funds or other person engaged in the business of transmitting funds;
    (f) a telegraph company;
    (g) a person subject to supervision by a state or federal supervisory authority; or
    (h) the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902
  • Financial transaction: means a transaction:
    (a) involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or
    (b) involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902
  • Financial transaction card: means :
    (a) any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of the person or business; or
    (b) any instrument or device used in providing the card holder access to a demand or time deposit account for the purpose of making deposits of money or checks in the account, or withdrawing funds from the account in the form of money, money orders, travelers' checks or other form representing value, or transferring funds from any demand or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing in the credit card account. See Utah Code 76-6-506
  • Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
  • Gambling: includes a lottery and fringe gambling. See Utah Code 76-10-1101
  • Gambling device or record: means anything specifically designed for use in gambling or used primarily for gambling. See Utah Code 76-10-1101
  • Gambling proceeds: means anything of value used in gambling. See Utah Code 76-10-1101
  • Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:
    (a) establish control over one or more identifiable areas;
    (b) intimidate others from entering those areas; or
    (c) conceal illegal activities. See Utah Code 76-9-902
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102
  • Governmental entity: means the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization, or a quasi-governmental organization. See Utah Code 76-6-501
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Guardian: includes a limited guardian. See Utah Code 53-3-211
  • GVWR: means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units. See Utah Code 53-3-402
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
  • Health care professional: means a physician or surgeon licensed to practice medicine in the state, or when recommended by the Medical Advisory Board, may include other health care professionals licensed to conduct physical examinations in this state. See Utah Code 53-3-302
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High managerial agent: means :
    (a) A partner in a partnership;
    (b) An officer of a corporation or association;
    (c) An agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association. See Utah Code 76-2-201
  • Highway: includes :Utah Code 48-2e-1156
  • 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 traffic. See Utah Code 53-3-102
  • Hoax weapon of mass destruction: means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not:
    (a) meet the definition of a weapon of mass destruction; or
    (b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. See Utah Code 76-10-401
  • Home jurisdiction: means the jurisdiction that issued the driver's license of the traffic violator. See Utah Code 53-3-702
  • Hospital: means :
    (a) a general hospital licensed by the department according to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; and
    (b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the department. See Utah Code 76-7-301
  • House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
  • Identifiable minor: means a person:
    (a) 
    (i) who was a minor at the time the visual depiction was created, adapted, or modified; or
    (ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
    (b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
  • Identifiable vulnerable adult: means a person:
    (a) 
    (i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or
    (ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and
    (b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
  • Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
    (a) contains a numerical identifier and a photograph of the person identified;
    (b) provides the date of birth of the person identified; and
    (c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402
  • Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102
  • Identification card: means a card for identification issued under this part. See Utah Code 53-3-802
  • Identifying information: means a person's:
    (i) social security number;
    (ii) driver license number;
    (iii) nondriver governmental identification number;
    (iv) bank account number;
    (v) student identification number;
    (vi) credit or debit card number;
    (vii) personal identification number;
    (viii) unique biometric data;
    (ix) employee or payroll number;
    (x) automated or electronic signature; or
    (xi) computer password. See Utah Code 76-6-702
  • Ignition interlock system provider: means an individual who:
    (a) is acting on behalf of a business enterprise conducted by a person, association, partnership, or corporation for the purpose of installation and maintenance of an ignition interlock system;
    (b) is certified as an installer;
    (c) has met the requirements for ignition interlock system provider status as established by the division;
    (d) is authorized or certified to operate or manage an ignition interlock system business;
    (e) may supervise the work of another installer; and
    (f) charges a fee for the services described under this Subsection (2). See Utah Code 53-3-1002
  • Imminent hazard: means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated. See Utah Code 53-3-402
  • Impaired person: means a person who has a mental, emotional, or nonstable physical disability or disease that may impair the person's ability to exercise reasonable and ordinary control at all times over a motor vehicle while driving on the highways. See Utah Code 53-3-302
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75-10-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Indigent: means that a person's income falls below the federal poverty guideline issued annually by the U. See Utah Code 53-3-102
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 53-3-211
  • Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installer: means a person, whether acting as an ignition interlock system provider or for an ignition interlock system provider for compensation, who is certified by the division to install ignition interlock systems. See Utah Code 53-3-1002
  • Instructor: means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:
    (a) teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;
    (b) prepares persons to take an examination for a license or learner permit; or
    (c) supervises the work of any other instructor. See Utah Code 53-3-502
  • Instrument: means a record. See Utah Code 75-10-102
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insurer: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 48-2e-1156
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
  • Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issuer: means a business organization or financial institution or its agent that issues a financial transaction card. See Utah Code 76-6-506
  • Issuing jurisdiction: means the jurisdiction in which the traffic citation was issued to the motorist. See Utah Code 53-3-702
  • Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
  • Jurisdiction: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Utah Code 53-3-702
  • 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.
  • Juror: A person who is on the jury.
  • Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001
  • Lacks capacity to consent: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
  • Land: includes :Utah Code 48-2e-1156
  • Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901
  • Law enforcement agency: means an entity of the federal government, a state, or a political subdivision of a state, including a state institution of higher education, that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • 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 tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
  • License or entitlement: includes :
    (a) licenses, certificates, and permits granted by governments;
    (b) degrees, diplomas, and grades awarded by educational institutions;
    (c) military ranks, grades, decorations, and awards;
    (d) membership and standing in organizations and religious institutions;
    (e) certification as a peace officer;
    (f) credit reports; and
    (g) another record or datum upon which a person may be reasonably expected to rely in making decisions that will have a direct benefit or detriment to another. See Utah Code 76-6-702
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • limited-term CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • Limited-term identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(ii). See Utah Code 53-3-102
  • Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101
  • Mail: means any letter, card, parcel, or other material, along with its contents, that:
    (a) has postage affixed by the postal customer or postal service;
    (b) has been accepted for delivery by the postal service;
    (c) the postal customer leaves for collection by the postal service; or
    (d) the postal service delivers to the postal customer. See Utah Code 76-6-1001
  • Mail receptacle: means a mail box, post office box, rural box, or any place intended or used by postal customers or the postal service for the collection or delivery of mail. See Utah Code 76-6-1001
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Material: means capable of affecting the course or outcome of an official proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of:
    (a) the end of the official proceeding in which the statement was made or the information was provided;
    (b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or
    (c) when the statement or information substantially affects the proceeding. See Utah Code 76-8-501
  • Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:
    (a) Non-excepted interstate. See Utah Code 53-3-402
  • Medical emergency: means that condition which, on the basis of the physician's good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death, or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. See Utah Code 76-7-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Merchandise: means any personal property displayed, held or offered for sale by a merchant. See Utah Code 76-6-601
  • Merchant: means an owner or operator of any retail mercantile establishment where merchandise is displayed, held or offered for sale and includes the merchant's employees, servants or agents. See Utah Code 76-6-601
  • Minor: means a person younger than 18 years of age. See Utah Code 76-5b-103
  • Minor: means any unmarried person under 18 years of age. See Utah Code 76-6-601
  • Minor: means an individual who is:
    (a) under 18 years of age;
    (b) unmarried; and
    (c) not emancipated. See Utah Code 76-7-301
  • Minor: means a person younger than 21 years of age. See Utah Code 53-3-802
  • Minor: means a person younger than 18 years of age. See Utah Code 76-9-802
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 53-3-102
  • Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102
  • Motorist: means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction. See Utah Code 53-3-702
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • MVR: means a driving record under Subsection 53-3-109(6)(a). See Utah Code 53-3-102
  • NDR: means the National Driver Register. See Utah Code 53-3-402
  • 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.
  • Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102
  • Nonresident CDL: means a commercial driver license issued by a state to an individual who resides in a foreign jurisdiction. See Utah Code 53-3-402
  • Nudity or partial nudity: means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered. See Utah Code 76-5b-103
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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.
  • Office of Recovery Services: means the Office of Recovery Services, created in Section 62A-11-102. See Utah Code 53-3-102
  • Official proceeding: means :
    (a) any proceeding before:
    (i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;
    (ii) a notary; or
    (iii) a person that takes evidence in connection with a proceeding described in Subsection (3)(a)(i);
    (b) any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or
    (c) an investigation or audit conducted by:
    (i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or
    (ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501
  • online gambling: means gambling or gaming by use of:
    (a) the Internet; or
    (b) any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 53-3-211
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402
  • Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
  • Partial birth abortion: means an abortion in which the person performing the abortion:
    (i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
    (ii) performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301
  • 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
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75-10-102
  • Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902
  • Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102
  • Person: means :Utah Code 48-2e-1156
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means an individual, business, or entity. See Utah Code 76-6-1302
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 53-3-211
  • Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 53-3-505.5
  • Person: means any individual, organization, group, association, partnership, corporation, or any combination of them;
  • (2) "Professional fund raiser" means any person who for compensation or any other consideration plans, conducts, or manages in this state, the solicitation of contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization;
    (3) "Professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this state for charitable purposes;
    (4) "Charitable organization" means any organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be such;
    (5) "Contribution" means the promise or grant of any money or property of any kind or value. See Utah Code 76-10-601
  • 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
  • Personal identification code: means any numerical or alphabetical code assigned to a card holder by the issuer to permit the authorized electronic use of the holder's financial transaction card. See Utah Code 76-6-506
  • Personal property: includes :Utah Code 48-2e-1156
  • Personal recognizance: means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation. See Utah Code 53-3-702
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 53-3-211
  • Phantomware: means a programming option that:
    (a) is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and
    (b) can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register. See Utah Code 76-6-1302
  • Physician: means :
    (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
    (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
    (c) a physician employed by the federal government who has qualifications similar to a person described in Subsection (10)(a) or (b). See Utah Code 76-7-301
  • Place of business: includes :
    (a) a shop;
    (b) a store;
    (c) a factory;
    (d) a public garage;
    (e) an office;
    (f) a theater;
    (g) a recreation hall;
    (h) a dance hall;
    (i) a poolroom;
    (j) a café;
    (k) a cafeteria;
    (l) a cabaret;
    (m) a restaurant;
    (n) a hotel;
    (o) a lodging house;
    (p) a streetcar;
    (q) a bus;
    (r) an interurban or railway passenger coach;
    (s) a waiting room; and
    (t) any other place of business. See Utah Code 76-10-101
  • Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 53-3-211
  • 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
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premises of a retail mercantile establishment: includes , but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment. See Utah Code 76-6-601
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at a relevant time. See Utah Code 75-10-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 53-3-211
  • Private passenger carrier: means any motor vehicle for hire that is:
    (i) designed to transport 15 or fewer passengers, including the driver; and
    (ii) operated to transport an employee of the person that hires the motor vehicle. See Utah Code 53-3-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Produce: means :
    (a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography; or
    (b) the securing or hiring of persons to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography. See Utah Code 76-5b-103
  • program: means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the functioning of a computer system in a manner designed to provide results including system control programs, application programs, or copies of any of them. See Utah Code 76-6-702
  • Program: means the motorcycle rider education program for training and information disbursement created under Section 53-3-903. See Utah Code 53-3-902
  • Prohibited area: means a place where it is unlawful to discharge a firearm. See Utah Code 76-10-501
  • Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prostitute: means an individual engaged in the activities described in Subsection 76-10-1302(1). See Utah Code 76-10-1301
  • Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 53-3-211
  • Provider: means an ignition interlock system provider. See Utah Code 53-3-1002
  • public money: means funds, money, and accounts, regardless of the source from which they are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 76-8-401
  • Public officer: means :
    (a) all elected officials of the state, a political subdivision of the state, a county, town, city, precinct, or district;
    (b) a person appointed to or serving an unexpired term of an elected office;
    (c) a judge of a court of record and not of record including justice court judges; and
    (d) a member of the Board of Pardons and Parole. See Utah Code 76-8-401
  • Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902
  • Public place: means any place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
  • Pyramid scheme: means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation which is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property. See Utah Code 53-3-505.5
  • Readily accessible for immediate use: means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person. See Utah Code 76-10-501
  • real property: includes :Utah Code 48-2e-1156
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-10-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 53-3-211
  • Regular identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i). See Utah Code 53-3-102
  • Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102
  • Regulated metal: includes :
    (i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;
    (ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:
    (A) a telephone, cable, electric, water, or other utility; or
    (B) a railroad company;
    (iii) unused and undamaged building construction materials made of metal or alloy, including:
    (A) copper pipe, tubing, or wiring; and
    (B) aluminum wire, siding, downspouts, or gutters;
    (iv) oil well rigs, including any part of the rig;
    (v) nonferrous materials, stainless steel, and nickel; and
    (vi) irrigation pipe. See Utah Code 76-6-1402
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
  • Reportable violation: means an offense required to be reported to the division as determined by the division and includes those offenses against which points are assessed under Section 53-3-221. See Utah Code 53-3-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research: means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose. See Utah Code 76-10-2001
  • Research facility: means any building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research. See Utah Code 76-10-2001
  • Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
  • Resident: means an individual who:
    (i) has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
    (ii) engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
    (iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
    (iv) declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail mercantile establishment: means any place where merchandise is displayed, held, or offered for sale to the public. See Utah Code 76-6-601
  • Retail value: means the merchant's stated or advertised price of the merchandise. See Utah Code 76-6-601
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Rider training course: means a motorcycle rider education curriculum and delivery system approved by the division as meeting national standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle. See Utah Code 53-3-902
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Road: includes :Utah Code 48-2e-1156
  • SAVE program: means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security. See Utah Code 76-9-1002
  • school: means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:
    (i) drive motor vehicles, including motorcycles; and
    (ii) prepare an applicant for an examination given by the state for a license or learner permit. See Utah Code 53-3-502
  • School: means an elementary school or a secondary school that:
    (a) is a public or private school; and
    (b) provides instruction for one or more of the grades kindergarten through 12. See Utah Code 76-8-1401
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
  • School operator: means a person who:
    (a) is certified as an instructor;
    (b) has met the requirements for school operator status as established by the division;
    (c) is authorized or certified to operate or manage a driver training school; and
    (d) may supervise the work of another instructor. See Utah Code 53-3-502
  • Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501
  • Security system: means a computer, computer system, network, or computer property that has some form of access control technology implemented, such as encryption, password protection, other forced authentication, or access control designed to keep out unauthorized persons. See Utah Code 76-6-702
  • Sensitive personal identifying information: includes :
    (a) the following information regarding an individual's:
    (i) Social Security number;
    (ii) driver license number or other government issued identification number;
    (iii) financial account number or credit or debit card number;
    (iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;
    (v) automated or electronic signature; and
    (vi) unique biometric data; and
    (b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202
  • Serious traffic violation: means a conviction of any of the following:
    (a) speeding 15 or more miles per hour above the posted speed limit;
    (b) reckless driving as defined by state or local law;
    (c) improper or erratic traffic lane changes;
    (d) following the vehicle ahead too closely;
    (e) any other motor vehicle traffic law which arises in connection with a fatal traffic accident;
    (f) operating a commercial motor vehicle without a CDL or a CDIP;
    (g) operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported;
    (h) operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver's possession in violation of Section 53-3-404;
    (i) using a handheld wireless communication device in violation of Section 41-6a-1716 while operating a commercial motor vehicle; or
    (j) using a hand-held mobile telephone while operating a commercial motor vehicle in violation of 49 C. See Utah Code 53-3-402
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means a telecommunications carrier, cable operator, computer hardware or software provider, or a provider of information service or interactive computer service. See Utah Code 76-6-702
  • Services: include computer time, data manipulation, and storage functions. See Utah Code 76-6-702
  • 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.
  • Sexual activity: means , regardless of the gender of either participant:
    (a) acts of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or
    (b) touching the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301
  • Sexually explicit conduct: means actual or simulated:
    (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
    (b) masturbation;
    (c) bestiality;
    (d) sadistic or masochistic activities;
    (e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any person;
    (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any person;
    (g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
    (h) the explicit representation of the defecation or urination functions. See Utah Code 76-5b-103
  • Shopping cart: means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store. See Utah Code 76-6-601
  • short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
  • Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Simulated sexually explicit conduct: means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. See Utah Code 76-5b-103
  • Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101
  • Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75-10-102
  • Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States. See Utah Code 76-6-501
  • 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
  • State: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402
  • State entity: means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 76-10-501
  • State lands: means all lands owned by:
    (a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and
    (b) political subdivisions. See Utah Code 76-6-901
  • State or local governmental agency: includes any private contractor or vendor that contracts with the agency to provide the agency's functions or services. See Utah Code 76-9-1002
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Swear: includes "affirm. See Utah Code 48-2e-1156
  • Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75-10-102
  • takes indecent liberties: means :
    (1) touching the actor's genitals, anus, buttocks, pubic area, or female breast against any part of the body of the victim;
    (2) causing the victim to touch the actor's or another's genitals, pubic area, anus, buttocks, or female breast;
    (3) simulating or pretending to engage in sexual intercourse with the victim, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
    (4) causing the victim to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse. See Utah Code 76-5-416
  • Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
  • Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 53-3-211
  • Terms of the citation: means those options expressly stated upon the citation. See Utah Code 53-3-702
  • Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75-10-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Toxin: means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
    (a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
    (b) any poisonous isomer or biological product, homolog, or derivative of the substance under Subsection (4)(a). See Utah Code 76-10-401
  • trade device: as used in this part , includes every trademark registrable with the Division of Corporations and Commercial Code. See Utah Code 76-10-1001
  • transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes a successor trustee. See Utah Code 53-3-211
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402
  • 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 Title 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
    (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
  • User: means a person that has an account with a custodian. See Utah Code 53-3-211
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 48-2e-1156
  • Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202
  • Vector: means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host. See Utah Code 76-10-401
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • verification of immigration status: means the determination of a person's immigration status by:
    (a) a law enforcement officer who is authorized by a federal agency to determine an alien's immigration status; or
    (b) the United States Department of Homeland Security, ICE, or other federal agency authorized to provide immigration status as provided by 8 U. See Utah Code 76-9-1002
  • Veteran: means an individual who:Utah Code 48-2e-1156
  • Video gaming device: means any device that possesses all of the following characteristics:
    (a) a video display and computer mechanism for playing a game;
    (b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;
    (c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;
    (d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:
    (i) does not significantly extend the length of play time of any single game; and
    (ii) provides for a chance of greater return of credits, games, or money; and
    (e) an operating mechanism that requires inserting money, tokens, or other valuable consideration in order to function. See Utah Code 76-10-1101
  • Violent felony: means the same as that term is defined in Section 76-3-203. See Utah Code 76-10-501
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Vulnerable adult: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
  • Vulnerable adult pornography: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
    (a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;
    (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
    (c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct. See Utah Code 76-5b-103
  • Weapon of mass destruction: means :
    (i) any item or instrumentality that is designed or intended to cause widespread death or serious bodily injury to multiple victims;
    (ii) any item or instrumentality that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
    (iii) any disease organism, including any biological agent, toxin, or vector which is used or intended to be used as a weapon;
    (iv) any item or instrumentality that is designed to release radiation or radioactivity at a level dangerous to human life and that is used or intended to be used as a weapon; or
    (v) any substance or material or combination which has been prepared or altered for use in the creation of a weapon described in Subsections (6)(a)(i) through (iv). See Utah Code 76-10-401
  • White-collar crime: A nonviolent criminal act involving deceit, concealment, subterfuge, or other fraudulent activity.
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
  • Writing: includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:
    (i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification;
    (ii) a security, revenue stamp, or any other instrument or writing issued by a government or any agency; or
    (iii) a check, an issue of stocks, bonds, or any other instrument or writing representing an interest in or claim against property, or a pecuniary interest in or claim against any person or enterprise. See Utah Code 76-6-501
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