Part 1 General Provisions 76-5b-101 – 76-5b-103
Part 2 Sexual Exploitation 76-5b-201 – 76-5b-204
Part 3 Miscellaneous 76-5b-301 – 76-5b-302

Terms Used In Utah Code > Title 76 > Chapter 5b

  • 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.
  • 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by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn.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
  • 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
  • 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
  • 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
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: includes a person who: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
  • 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
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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.
  • Lacks capacity to consent: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • limited-term CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • 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
  • Minor: means a person younger than 18 years of age. See Utah Code 76-5b-103
  • 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
  • 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
  • Person: means :Utah Code 48-2e-1156
  • 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
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
    logo