Part 1 Property Destruction 76-6-101 – 76-6-112
Part 2 Burglary and Criminal Trespass 76-6-201 – 76-6-206.3
Part 3 Robbery 76-6-301 – 76-6-302
Part 4 Theft 76-6-401 – 76-6-413
Part 5 Fraud 76-6-501 – 76-6-524
Part 6 Retail Theft 76-6-601 – 76-6-608
Part 7 Utah Computer Crimes Act 76-6-701 – 76-6-705
Part 8 Library Theft 76-6-801 – 76-6-805
Part 9 Cultural Sites Protection 76-6-901 – 76-6-903
Part 10 Mail Box Damage and Mail Theft 76-6-1001 – 76-6-1004
Part 11 Identity Fraud Act 76-6-1101 – 76-6-1105
Part 12 Utah Mortgage Fraud Act 76-6-1201 – 76-6-1204
Part 13 Utah Automated Sales Suppression Device Act 76-6-1301 – 76-6-1303
Part 14 Regulation of Metal Dealers 76-6-1401 – 76-6-1409

Terms Used In Utah Code > Title 76 > Chapter 6

  • 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
  • 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 :
    (a) 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
    (b) 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.
  • 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) 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
    (b) 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
  • 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
  • common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means any electronic device or communication facility that stores, retrieves, processes, or transmits data. See Utah Code 76-6-702
  • Computer network: means :
    (a) the interconnection of communication or telecommunication lines between:
    (i) computers; or
    (ii) computers and remote terminals; or
    (b) the interconnection by wireless technology between:
    (i) computers; or
    (ii) computers and remote terminals. See Utah Code 76-6-702
  • 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.
  • 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
  • damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means :
    (a) a scrap metal processor or secondary metals dealer or recycler, but does not include:
    (i) junk dealers as defined in Section 76-6-1402;
    (ii) solid waste management facilities as defined in Section 19-6-502; or
    (iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:
    (A) retailers;
    (B) wholesalers;
    (C) battery manufacturers; and
    (D) secondary lead smelters. See Utah Code 76-6-1402
  • deed: The legal instrument used to transfer title in real property from one person to another.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • devise: To gift property by will.
  • 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
  • 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: means :
    (a) intrusion of any part of the body; or
    (b) intrusion of any physical object under control of the actor. 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.
  • 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.
  • felony: A crime carrying a penalty of more than a year in prison.
  • fiduciary: A trustee, executor, or administrator.
  • Financial transaction card: means :
    (a) 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
    (b) 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
  • 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,
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
    (a) contains a numerical identifier and a photograph of the person identified;
    (b) provides the date of birth of the person identified; and
    (c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402
  • 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.
  • Issuer: means a business organization or financial institution or its agent that issues a financial transaction card. See Utah Code 76-6-506
  • 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
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • 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 or entitlement: includes :
    (a) licenses, certificates, and permits granted by governments;
    (b) degrees, diplomas, and grades awarded by educational institutions;
    (c) military ranks, grades, decorations, and awards;
    (d) membership and standing in organizations and religious institutions;
    (e) certification as a peace officer;
    (f) credit reports; and
    (g) 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.
  • Mail: means any letter, card, parcel, or other material, along with its contents, that:
    (a) has postage affixed by the postal customer or postal service;
    (b) has been accepted for delivery by the postal service;
    (c) the postal customer leaves for collection by the postal service; or
    (d) the postal service delivers to the postal customer. See Utah Code 76-6-1001
  • Mail receptacle: means a mail box, post office box, rural box, or any place intended or used by postal customers or the postal service for the collection or delivery of mail. See Utah Code 76-6-1001
  • 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
  • Minor: means any unmarried person under 18 years of age. See Utah Code 76-6-601
  • 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 68-3-12.5
  • 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
  • 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.
  • 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 :Utah Code 68-3-12.5
  • Person: means an individual, business, or entity. See Utah Code 76-6-1302
  • 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
  • Personal property: includes :Utah Code 68-3-12.5
  • Phantomware: means a programming option that:
    (a) 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
    (b) 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
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public money: means funds, money, and accounts, regardless of the source from which they are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 76-8-401
  • real property: includes :Utah Code 68-3-12.5
  • Regulated metal: includes :
    (i) 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;
    (ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:
    (A) a telephone, cable, electric, water, or other utility; or
    (B) a railroad company;
    (iii) unused and undamaged building construction materials made of metal or alloy, including:
    (A) copper pipe, tubing, or wiring; and
    (B) aluminum wire, siding, downspouts, or gutters;
    (iv) oil well rigs, including any part of the rig;
    (v) nonferrous materials, stainless steel, and nickel; and
    (vi) irrigation pipe. See Utah Code 76-6-1402
  • 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
  • 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 :
    (a) the following information regarding an individual's:
    (i) Social Security number;
    (ii) driver license number or other government issued identification number;
    (iii) financial account number or credit or debit card number;
    (iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;
    (v) automated or electronic signature; and
    (vi) unique biometric data; and
    (b) 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.
  • Services: include computer time, data manipulation, and storage functions. See Utah Code 76-6-702
  • 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: 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: 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 lands: means all lands owned by:
    (a) 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
    (b) political subdivisions. See Utah Code 76-6-901
  • statute: A law passed by a legislature.
  • 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.
  • 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
  • Value: means the value of the property, money, or thing obtained or sought to be obtained. See Utah Code 76-6-1202
  • Writing: includes :Utah Code 68-3-12.5
  • Writing: includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:
    (i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification;
    (ii) a security, revenue stamp, or any other instrument or writing issued by a government or any agency; or
    (iii) 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
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