Part 1 Assault and Related Offenses 76-5-101 – 76-5-113
Part 2 Criminal Homicide 76-5-201 – 76-5-210
Part 3 Kidnapping, Trafficking, and Smuggling 76-5-301 – 76-5-311
Part 4 Sexual Offenses 76-5-401 – 76-5-416
Part 5 HIV Testing – Sexual Offenders and Victims 76-5-501 – 76-5-504
Part 6 Sexual Assault Kit Processing Act 76-5-601 – 76-5-610
Part 7 Genital Mutilation 76-5-701 – 76-5-704

Terms Used In Utah Code > Title 76 > Chapter 5 - Offenses Against the Person

  • 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
  • Affinity: means a relationship by marriage. See Utah Code 76-1-601
  • Allegation: something that someone says happened.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisting political subdivision: means a political subdivision that provides emergency services to a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
  • 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.
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-601
  • Certification: includes any license, certificate, permit, document, or other evidence issued by a government entity that authorizes a person to engage in an activity, within the person's scope of practice, that requires a specific skill set, education, expertise, or other qualifications. See Utah Code 53-2b-102
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Conduct: means an act or omission. See Utah Code 76-1-601
  • Consanguinity: means a relationship by blood to the first or second degree, including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew. See Utah Code 76-1-601
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Dependent: A person dependent for support upon another.
  • 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:
  • Emergency: means :
    (a) a natural or man-made disaster, a riot, a civil disturbance, violence, criminal activity, a fire, a flood, or extreme weather;
    (b) an injury, illness, or other medical condition that requires an expedited response; or
    (c) a circumstance that presents an imminent threat to life, property, or the public health, safety, or welfare. See Utah Code 53-2b-102
  • Emergency responder: means a person employed by, under contract with, or acting as an official volunteer for a political subdivision of a state that provides emergency services, including any of the following:
    (a) a law enforcement officer;
    (b) a firefighter;
    (c) a provider of medical services or first aid;
    (d) an explosives expert;
    (e) a person who provides hazardous materials containment or cleanup; or
    (f) another provider of emergency services. See Utah Code 53-2b-102
  • Emergency services: means services provided by a public entity in response to an emergency. See Utah Code 53-2b-102
  • 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.
  • Grievous sexual offense: means :
    (a) rape, Section 76-5-402;
    (b) rape of a child, Section 76-5-402. See Utah Code 76-1-601
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • 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.
  • 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.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Interstate emergency response agreement: means an agreement described in Subsection 53-2b-202(1) between Utah and another state authorizing a political subdivision in Utah to enter into an agreement to provide emergency services to, and receive emergency services from, a political subdivision in the other state. See Utah Code 53-2b-102
  • 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.
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. 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
  • Local emergency response agreement: means an agreement described in Subsection 53-2b-202(2)(a) that is:
    (a) between a political subdivision in Utah and a political subdivision in another state, providing for the provision of emergency services to, or the receipt of emergency services from, each other; and
    (b) entered into under the provisions of this chapter. See Utah Code 53-2b-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-601
  • 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
  • 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Requesting political subdivision: means a political subdivision that requests emergency services from a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
  • 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 76-1-601
  • 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.
  • Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-601
  • takes indecent liberties: means :
    (1) the actor touching the victim's genitals, anus, buttocks, pubic area, or female breast;
    (2) causing any part of the victim's body 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
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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 68-3-12.5
  • Verdict: The decision of a petit jury or a judge.
  • 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
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