Terms Used In Utah Code > Title 76 > Chapter 7 - Offenses Against the Family

• Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 76-7-301
• 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
• 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.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assisted reproductive treatment: means a method of causing pregnancy by any means other than through sexual intercourse, including:

  (a)	intrauterine or intracervical insemination;

  (b)	donation of eggs or sperm;

  (c)	donation of embryos;

  (d)	in vitro fertilization and embryo transfer; and

  (e)

  intracytoplasmic sperm injection. See Utah Code 76-7-401 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. Blind: means an individual: (a)  whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or (b)  whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees. See Utah Code 35A-13-102 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. 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. Conduct: means an act or omission. See Utah Code 76-1-101.5 Continuance: Putting off of a hearing ot trial until a later time. Conviction: A judgement of guilt against a criminal defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Department: means the Department of Health and Human Services. See Utah Code 76-7-301 Dependent: A person dependent for support upon another. Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102 Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102 Donor: The person who makes a gift. Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7-301 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Gamete: means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete, including: (a)  a sperm; (b)  an egg; or (c)  nuclear DNA from one individual combined with the: (i)  cytoplasm of another individual; or (ii)  cytoplasmic DNA of another individual. See Utah Code 76-7-401 Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman. See Utah Code 76-7-301 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hard of hearing: means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102 Health care provider: means an individual listed in Subsection 78B-3-403(12). See Utah Code 76-7-401 Hospital: means : (a)  a general hospital licensed by the department according to 2; and (b)  a clinic or other medical facility that meets the following criteria: (i)  a clinician who performs procedures at the clinic is required to be credentialed to perform the same procedures at a general hospital licensed by the department; and (ii)  any procedures performed at the clinic are done with the same level of safety for the pregnant woman and unborn child as would be available in a general hospital licensed by the department. See Utah Code 76-7-301 Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301 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. Medical emergency: means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced. See Utah Code 76-7-301 Minor: means an individual who is: (a)  under 18 years old; (b)  unmarried; and (c)  not emancipated. See Utah Code 76-7-301 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102 Partial birth abortion: means an abortion in which the person performing the abortion: (i)  deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and (ii)  performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301 Perinatal hospice: means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that: (a)  focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and (b)  may include counseling or medical care by: (i)  maternal-fetal medical specialists; (ii)  obstetricians; (iii)  neonatologists; (iv)  anesthesia specialists; (v)  psychiatrists, psychologists, or other mental health providers; (vi)  clergy; (vii)  social workers; or (viii)  specialty nurses. See Utah Code 76-7-301 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 Physician: means : (a)  a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act; (b)  an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or (c)  a physician employed by the federal government who has qualifications similar to an individual described in Subsection (12)(a) or (b). See Utah Code 76-7-301 Plaintiff: The person who files the complaint in a civil lawsuit. 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 Quorum: The number of legislators that must be present to do business. 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 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 Visually impaired: means an individual with a diagnosed impairment of visual function that if not corrected constitutes a material limitation to normal activities or functioning. See Utah Code 35A-13-102 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