Part 1 Cigarettes and Tobacco and Psychotoxic Chemical Solvents 76-10-101 – 76-10-112
Part 2 Waters 76-10-201 – 76-10-204
Part 3 Explosives 76-10-302 – 76-10-308
Part 4 Weapons of Mass Destruction 76-10-401 – 76-10-405
Part 5 Weapons 76-10-500 – 76-10-532
Part 6 Charity Drives 76-10-601 – 76-10-604
Part 7 Corporation Frauds 76-10-701 – 76-10-711
Part 8 Nuisances 76-10-801 – 76-10-808
Part 10 Trademarks, Trade Names, and Devices 76-10-1001 – 76-10-1010
Part 11 Gambling 76-10-1101 – 76-10-1109
Part 12 Pornographic and Harmful Materials and Performances 76-10-1201 – 76-10-1235
Part 13 Prostitution 76-10-1301 – 76-10-1314
Part 15 Bus Passenger Safety Act 76-10-1501 – 76-10-1511
Part 16 Pattern of Unlawful Activity Act 76-10-1601 – 76-10-1609
Part 18 Communications Fraud and Misrepresentation 76-10-1801 – 76-10-1802
Part 19 Money Laundering and Currency Transaction Reporting Act 76-10-1901 – 76-10-1907
Part 20 Security of Research Facilities 76-10-2001 – 76-10-2002
Part 21 Misuse of Recycling Bins 76-10-2101
Part 22 Public Health Offenses 76-10-2201 – 76-10-2202
Part 23 Contributing to the Delinquency of a Minor 76-10-2301
Part 24 Commercial Obstruction 76-10-2401 – 76-10-2402
Part 25 Unlawful Use of a Laser Pointer 76-10-2501
Part 26 Shafts and Wells – Safety 76-10-2601
Part 27 Litter on Public and Private Lands and Waterways 76-10-2701 – 76-10-2702
Part 28 Use of Vehicles for Illegal Purposes 76-10-2801
Part 29 Transporting or Harboring of Illegal Aliens 76-10-2901
Part 30 Unfair Market Discrimination 76-10-3001 – 76-10-3005
Part 31 Utah Antitrust Act 76-10-3101 – 76-10-3118

Terms Used In Utah Code > Title 76 > Chapter 10

  • Active duty service member: means a person on active military duty with the United States military and includes full time military active duty, military reserve active duty, and national guard military active duty service members stationed in Utah. See Utah Code 53-5-702
  • 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.
  • 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.
  • 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.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103
  • Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
  • 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
  • Board: means the Concealed Firearm Review Board created in Section 53-5-703. See Utah Code 53-5-702
  • 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 53-5-702
  • 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
  • Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
  • 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
  • Child: is a n individual younger than 18 years of age. See Utah Code 76-10-1301
  • 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
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 53-5-702
  • Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conviction: means criminal conduct where the filing of a criminal charge has resulted in:
    (a) a finding of guilt based on evidence presented to a judge or jury;
    (b) a guilty plea;
    (c) a plea of nolo contendere;
    (d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;
    (e) a pending diversion agreement; or
    (f) a conviction which has been reduced pursuant to Section 76-3-402. See Utah Code 53-5-702
  • 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.
  • County executive: means :Utah Code 48-2e-1156
  • 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
  • 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
  • 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 person who is:
    (a) licensed under 18 U. See Utah Code 76-10-501
  • 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
  • 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.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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.
  • Division: means the Driver License Division of the department created in Section 53-3-103. 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
  • Electronic cigarette: means an electronic cigarette product, as defined in Section 59-14-802. See Utah Code 76-10-101
  • Enter: means intrusion of the entire body. See Utah Code 76-10-501
  • 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.
  • Extension: means a renewal completed in a manner specified by the division. 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • 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
  • 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
  • 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
  • Identification card: means a card for identification issued under this part. See Utah Code 53-3-802
  • 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
  • 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.
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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 48-2e-1156
  • 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
  • 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.
  • 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
  • Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103
  • Minor: means a person younger than 21 years of age. See Utah Code 53-3-802
  • 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.
  • 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
  • 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.
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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
  • 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
  • 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 :Utah Code 48-2e-1156
  • 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 property: includes :Utah Code 48-2e-1156
  • 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.
  • 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.
  • 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
  • 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
  • Provider: means an ignition interlock system provider. See Utah Code 53-3-1002
  • 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: means any place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
  • 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
  • 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
  • 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.
  • 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
  • Road: includes :Utah Code 48-2e-1156
  • 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
  • Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103
  • 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
  • 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
  • Smoking: means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment. See Utah Code 76-10-101
  • 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: 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 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
  • 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.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Trade or commerce: includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation. See Utah Code 76-10-3103
  • 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.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • 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
  • 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
  • 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
  • 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
  • Writing: includes :Utah Code 48-2e-1156
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