Access: means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them. See Utah Code 76-6-702
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.
Antiquities: means :
all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and
vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
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.
Authentication feature: means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified. See Utah Code 76-6-501
Authorization: means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See Utah Code 76-6-702
Authorized credit card merchant: means a person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by a card holder and to present valid credit card sales drafts to the issuer for payment. See Utah Code 76-6-506
Automated sales suppression device: means :
a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or
a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware. See Utah Code 76-6-1302
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.
Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-601
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
Card holder: means any person or organization named on the face of a financial transaction card to whom or for whose benefit a financial transaction card is issued. See Utah Code 76-6-506
CDL: means a license:
issued substantially in accordance with the requirements of Title XII, Pub. 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:
has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation;
is designed to transport 16 or more passengers, including the driver; or
is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
Computer property: includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them. See Utah Code 76-6-702
Computer system: means a set of related, connected or unconnected, devices, software, or other related computer equipment. See Utah Code 76-6-702
Confidential: means data, text, or computer property that is protected by a security system that clearly evidences that the owner or custodian intends that it not be available to others without the owner's or custodian's permission. See Utah Code 76-6-702
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.
Conviction: means any of the following:
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;
an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
a plea of guilty or nolo contendere accepted by the court;
the payment of a fine or court costs; or
violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
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.
Credit card sales draft: means any sales slip, draft, or other written or electronic record of a sale of money, goods, services, or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card credit number, or personal identification code, whether the record of the sale or purported sale is evidenced by a sales draft, voucher, or other similar document in writing or electronically recorded and transmitted. See Utah Code 76-6-506
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
Critical infrastructure: includes :
a financial or banking system;
any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or other transportation system intended for the transportation of persons or property;
any public utility service, including a power, energy, gas, or water supply system;
a sewage or water treatment system;
a health care facility, as that term is defined in Section 26-21-2;
an emergency fire, medical, or law enforcement response system;
Document-making implement: means any implement, impression, template, computer file, computer disc, electronic device, computer hardware or software, or scanning, printing, or laminating equipment that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement. See Utah Code 76-6-501
Drive: means :
to operate or be in physical control of a motor vehicle upon a highway; and
Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
Dwelling: means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present. See Utah Code 76-6-201
Electronic cash register: means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data. See Utah Code 76-6-1302
Electronic license certificate: means the evidence, in an electronic format as described in Section 53-3-235, of a privilege granted under this chapter to drive a motor vehicle. See Utah Code 53-3-102
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
Enter or remain unlawfully: means a person enters or remains in or on any premises when:
at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and
the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises. See Utah Code 76-6-201
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
False identification document: means a document of a type intended or commonly accepted for the purposes of identification of individuals, and that:
is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and
appears to be issued by or under the authority of a governmental entity. See Utah Code 76-6-501
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Financial transaction card: means :
any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of the person or business; or
any instrument or device used in providing the card holder access to a demand or time deposit account for the purpose of making deposits of money or checks in the account, or withdrawing funds from the account in the form of money, money orders, travelers' checks or other form representing value, or transferring funds from any demand or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing in the credit card account. See Utah Code 76-6-506
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.
Governmental entity: means the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization, or a quasi-governmental organization. See Utah Code 76-6-501
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
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
Identification document: means a document made or issued by or under the authority of a governmental entity, which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. See Utah Code 76-6-501
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.
Indigent: means that a person's income falls below the federal poverty guideline issued annually by the U. See Utah Code 53-3-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
Issuer: means a business organization or financial institution or its agent that issues a financial transaction card. See Utah Code 76-6-506
Issuing authority: means :
any governmental entity that is authorized to issue identification documents, means of identification, or authentication features; or
a business organization or financial institution or its agent that issues a financial transaction card as defined in Section 76-6-506. See Utah Code 76-6-501
Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
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.
Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001
Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901
Law enforcement agency: means an entity or division of:
the federal government, a state, or a political subdivision of a state;
a state institution of higher education; or
a private institution of higher education, if the entity or division has been certified by the commissioner; and
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
License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
License or entitlement: includes :
licenses, certificates, and permits granted by governments;
degrees, diplomas, and grades awarded by educational institutions;
military ranks, grades, decorations, and awards;
membership and standing in organizations and religious institutions;
certification as a peace officer;
credit reports; and
another record or datum upon which a person may be reasonably expected to rely in making decisions that will have a direct benefit or detriment to another. See Utah Code 76-6-702
Lien: A claim against real or personal property in satisfaction of a debt.
limited-term CDL: means a license:
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102
Mail: means any letter, card, parcel, or other material, along with its contents, that:
has postage affixed by the postal customer or postal service;
has been accepted for delivery by the postal service;
the postal customer leaves for collection by the postal service; or
Mail receptacle: means a mail box, post office box, rural box, or any place or area intended or used by postal customers or a postal service for the collection or delivery of mail. See Utah Code 76-6-1001
Means of identification: means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including:
name, social security number, date of birth, government issued driver license or identification number, alien registration number, government passport number, or employer or taxpayer identification number;
unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; or
Merchandise: means any personal property displayed, held or offered for sale by a merchant. See Utah Code 76-6-601
Merchant: means an owner or operator of any retail mercantile establishment where merchandise is displayed, held or offered for sale and includes the merchant's employees, servants or agents. See Utah Code 76-6-601
Metals refiner: means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal. See Utah Code 76-6-1402
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage lending process: means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. See Utah Code 76-6-1202
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
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.
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.
Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
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 76-1-601
Personal identification code: means any numerical or alphabetical code assigned to a card holder by the issuer to permit the authorized electronic use of the holder's financial transaction card. See Utah Code 76-6-506
is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and
can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register. See Utah Code 76-6-1302
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.
Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-601
Postage: means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail. See Utah Code 76-6-1001
Postal service: means the United States Postal Service and any common mail carrier. See Utah Code 76-6-1001
Premises of a retail mercantile establishment: includes , but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment. See Utah Code 76-6-601
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
program: means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the functioning of a computer system in a manner designed to provide results including system control programs, application programs, or copies of any of them. See Utah Code 76-6-702
Regular identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i). See Utah Code 53-3-102
Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102
Regulated metal: includes :
aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;
property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:
a telephone, cable, electric, water, or other utility; or
a railroad company;
unused and undamaged building construction materials made of metal or alloy, including:
copper pipe, tubing, or wiring; and
aluminum wire, siding, downspouts, or gutters;
oil well rigs, including any part of the rig;
nonferrous materials, stainless steel, and nickel; and
Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
Reportable violation: means an offense required to be reported to the division as determined by the division and includes those offenses against which points are assessed under Section 53-3-221. See Utah Code 53-3-102
Resident: means an individual who:
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;
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;
declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
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.
Retail mercantile establishment: means any place where merchandise is displayed, held, or offered for sale to the public. See Utah Code 76-6-601
Retail value: means the merchant's stated or advertised price of the merchandise. See Utah Code 76-6-601
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
School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
Scrap metal processor: means any person:
who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and
whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes. See Utah Code 76-6-1402
Security system: means a computer, computer system, network, or computer property that has some form of access control technology implemented, such as encryption, password protection, other forced authentication, or access control designed to keep out unauthorized persons. See Utah Code 76-6-702
Sensitive personal identifying information: includes :
the following information regarding an individual's:
Social Security number;
driver license number or other government issued identification number;
financial account number or credit or debit card number;
password or personal identification number or other identification required to gain access to a financial account or a secure website;
automated or electronic signature; and
unique biometric data; and
any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. See Utah Code 76-6-1202
Service of process: The service of writs or summonses to the appropriate party.
Service provider: means a telecommunications carrier, cable operator, computer hardware or software provider, or a provider of information service or interactive computer service. See Utah Code 76-6-702
Services: include computer time, data manipulation, and storage functions. See Utah Code 76-6-702
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.
Shopping cart: means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store. See Utah Code 76-6-601
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States. See Utah Code 76-6-501
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 lands: means all lands owned by:
Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and
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
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
Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Transaction data: includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction. See Utah Code 76-6-1302
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Usury: Charging an illegally high interest rate on a loan. Source: OCC
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
Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202
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
Writing: includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:
checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification;
a security, revenue stamp, or any other instrument or writing issued by a government or any agency; or
a check, an issue of stocks, bonds, or any other instrument or writing representing an interest in or claim against property, or a pecuniary interest in or claim against any person or enterprise. See Utah Code 76-6-501
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