Part 1 Corrupt Practices 76-8-101 – 76-8-110
Part 2 Abuse of Office 76-8-201 – 76-8-203
Part 3 Obstructing Governmental Operations 76-8-301 – 76-8-318
Part 4 Offenses Against Public Property 76-8-402 – 76-8-420
Part 5 Falsification in Official Matters 76-8-501 – 76-8-513
Part 6 Abuse of Process 76-8-601 – 76-8-603
Part 7 Colleges and Universities 76-8-701 – 76-8-717
Part 8 Sabotage Prevention 76-8-801 – 76-8-811
Part 9 Syndicalism and Sabotage 76-8-901 – 76-8-904
Part 11 Taxation 76-8-1101
Part 12 Public Assistance Fraud 76-8-1201 – 76-8-1207
Part 13 Unemployment Insurance Fraud 76-8-1301
Part 14 Disruption of School Activities 76-8-1401 – 76-8-1403

Terms Used In Utah Code > Title 76 > Chapter 8

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Bequest: Property gifted by will.
  • 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by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn.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
  • CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • Chief administrator: means the principal of a school or the chief administrator of a school that does not have a principal, and includes the administrator's designee or representative. See Utah Code 76-8-1401
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
  • 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
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission. See Utah Code 76-1-601
  • 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:
    (a) 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;
    (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
    (c) a plea of guilty or nolo contendere accepted by the court;
    (d) the payment of a fine or court costs; or
    (e) 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.
  • 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.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Devise: To gift property by will.
  • 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:
  • Division: means the Driver License Division of the department created in Section 53-3-103. 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
  • 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
  • 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
  • False statement: includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. See Utah Code 76-8-501
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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.
  • 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
  • Highway: includes :Utah Code 68-3-12.5
  • Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • 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.
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • License certificate: means the evidence of the privilege issued under this chapter 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
  • 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
  • Material: means capable of affecting the course or outcome of an official proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of:
    (a) the end of the official proceeding in which the statement was made or the information was provided;
    (b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or
    (c) when the statement or information substantially affects the proceeding. See Utah Code 76-8-501
  • 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
  • Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 53-3-102
  • 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
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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
  • Official proceeding: means :
    (a) any proceeding before:
    (i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;
    (ii) a notary; or
    (iii) a person that takes evidence in connection with a proceeding described in Subsection (3)(a)(i);
    (b) any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or
    (c) an investigation or audit conducted by:
    (i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or
    (ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • 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.
  • Party official: means a person holding any post in a political party whether by election, appointment, or otherwise. See Utah Code 76-8-101
  • Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 76-8-101
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Pecuniary benefit: means any advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain. See Utah Code 76-8-101
  • 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
  • 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
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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
  • Public entity: means :
    (a) the state, or an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of the state;
    (b) a political subdivision of the state, including a county, municipality, interlocal entity, local district, special service district, school district, or school board;
    (c) an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a political subdivision of the state; or
    (d) another entity that:
    (i) performs a public function; and
    (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money. See Utah Code 76-1-601
  • public funds: includes money, funds, or accounts described in Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an independent contractor of the public entity. See Utah Code 76-1-601
  • Public officer: means :
    (a) an elected official of a public entity;
    (b) an individual appointed to, or serving an unexpired term of, an elected official of a public entity;
    (c) a judge of a court of record or not of record, including justice court judges; or
    (d) a member of the Board of Pardons and Parole. See Utah Code 76-1-601
  • Public property: includes real or personal property that is owned, held, or managed by a public entity after the real or personal property is transferred by the public entity to an independent contractor of the public entity. See Utah Code 76-8-101
  • Public servant: means :
    (i) a public officer;
    (ii) an appointed official, employee, consultant, or independent contractor of a public entity; or
    (iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-601
  • real property: includes :Utah Code 68-3-12.5
  • 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
  • Renewal: means to validate a license certificate so that it expires at a later date. 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.
  • 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
  • Road: includes :Utah Code 68-3-12.5
  • School: means an elementary school or a secondary school that:
    (a) is a public or private school; and
    (b) provides instruction for one or more of the grades kindergarten through 12. See Utah Code 76-8-1401
  • 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
  • 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.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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
  • 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
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • 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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