Part 1 Classification of Offenses 76-3-101 – 76-3-105
Part 2 Sentencing 76-3-201 – 76-3-209
Part 3 Fines and Special Sanctions 76-3-301 – 76-3-303
Part 4 Limitations and Special Provisions on Sentences 76-3-401 – 76-3-410
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Terms Used In Utah Code > Title 76 > Chapter 3 - Punishments

  • Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Allegation: something that someone says happened.
  • Allocated volume cap: means a volume cap for which:
    (a) a certificate of allocation is in effect; or
    (b) bonds have been issued. See Utah Code 35A-8-2102
  • Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
  • Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous weapon: means :Utah Code 76-1-101.5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grievous sexual offense: means :Utah Code 76-1-101.5
  • 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.
  • Issuing authority: means :
    (a) any county, city, or town in the state;
    (b) any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these;
    (c) the state; or
    (d) any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102
  • 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.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • 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.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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:
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State: means the state of Utah and any of its agencies, institutions, and divisions authorized to issue bonds or certificates under state law. See Utah Code 35A-8-2102
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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 68-3-12.5
  • Verdict: The decision of a petit jury or a judge.
  • Volume cap: means the private activity bond volume cap for the state as computed under Section 146 of the code. See Utah Code 35A-8-2102
  • 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 76-1-101.5
  • Year: means each calendar year. See Utah Code 35A-8-2102