Terms Used In Utah Code > Title 53 > Chapter 3 > Part 3
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-601
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-601
- 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.
- 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.
- Amusement device: includes :
(i) a video game; (ii) a driving simulator; (iii) an electronic game; (iv) a claw machine; (v) a bowling game; (vi) a shuffleboard game; (vii) a skee-ball game; (viii) a pool table; (ix) a pinball machine; (x) a target machine; and (xi) a baseball machine. See Utah Code 76-10-1101
- Amusement facility: means a facility that:
(a) is operated primarily for the purpose of providing amusement or entertainment to customers; (b) is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device; (c) receives a substantial amount of the facility's revenue from the operation of amusement devices; and (d) does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Appraisal: A determination of property value.
- Appropriate reward: means a reward that:
(i) an individual receives as a result of the individual's participation in or use of an amusement device; and (ii) provides: (A) full and adequate return for money, a token, or other consideration or value invested into the amusement device; (B) an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value; (C) a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or (D) tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101
- Board: means the Driver License Medical Advisory Board created in Section 53-3-303. See Utah Code 53-3-302
- Child: is a n individual younger than 18 years of age. See Utah Code 76-10-1301
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conduct: means an act or omission. See Utah Code 76-1-601
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dangerous weapon: means :
(a) any item capable of causing death or serious bodily injury; or (b) a facsimile or representation of the item, if: (i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item. See Utah Code 76-1-601
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Dependent: A person dependent for support upon another.
- Director: means the division director appointed under Section 53-3-103. See Utah Code 53-3-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Driver License Division of the department created in Section 53-3-103. 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
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
- Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
- Gambling: includes a lottery. See Utah Code 76-10-1101
- Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
- Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: includes a person who:Utah Code 68-3-12.5
- 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
- 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
- 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
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
- 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.
- Land: includes :Utah Code 68-3-12.5
- 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
- License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-601
- online gambling: means gambling, fringe 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
- 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
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-601
- Person: means :Utah Code 68-3-12.5
- Personal property: includes :Utah Code 68-3-12.5
- 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
- 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.
- Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that:
(a) continues for a limited period of time; (b) is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business; (c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity; (d) promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and (e) does not, through use of a machine or device: (i) simulate a gambling environment; (ii) require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device; (iii) provide a good or service described in Subsection (16)(b): (A) in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or (B) at a value less than the full value of the good or service; (iv) appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling; (vi) otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- Public place: means any place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
- Public servant: means :
(i) a public officer; (ii) an appointed official, employee, consultant, or independent contractor of a public entity; or (iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-601
- real property: includes :Utah Code 68-3-12.5
- 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.
- Renewal: means to validate a license certificate so that it expires at a later date. 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.
- 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- 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.
- Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion:
(a) that an individual may enter with or without payment of any consideration; (b) that qualifies the person to win a prize; and (c) the result of which is based on chance. See Utah Code 76-10-1101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- 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
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- 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
- Vending machine: means a device:
(a) that dispenses merchandise in exchange for money or any other item of value; (b) that provides full and adequate return of the value deposited; (c) through which the return of value is not conditioned on an element of chance or skill; and (d) (i) does not include a promotional activity; or (ii) includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101
- Video gaming device: means a device that includes all of the following:
(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, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101
- Writing: includes :Utah Code 68-3-12.5
- written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-601
- Amusement facility: means a facility that: