Terms Used In Utah Code > Title 76 > Chapter 9 - Offenses Against Public Order and Decency

• 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.
• Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• board: means the Interpreter Certification Board created in Section 35A-13-603. See Utah Code 35A-13-602
• Board: means the School Readiness Board, created in Section 35A-15-201. See Utah Code 35A-15-102
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
• Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• 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.
• County legislative body: means :Utah Code 68-3-12.5
• Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:

  (a)	that is currently in operation;

  (b)	that has as one of its primary activities the commission of one or more predicate gang crimes;

  (c)	that has, as a group, an identifying name or identifying sign or symbol, or both; and

  (d)

  whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802 Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally: (a)  that is currently in operation; (b)  that has as one of its substantial activities the commission of one or more predicate gang crimes; (c)  that has, as a group, an identifying name or an identifying sign or symbol, or both; and (d)  whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dangerous weapon: means :Utah Code 76-1-101.5 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 Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102 Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102 Eligible home-based educational technology provider: means a provider that offers a home-based educational technology program to develop the school readiness skills of an eligible student. See Utah Code 35A-15-102 Eligible private provider: means a child care program that: (i)  is licensed under 4; or (ii)  except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102 Eligible student: means a student: (a)  (i)  who is age three, four, or five; and (ii)  is not eligible for enrollment under Subsection 53G-4-402(8); and (b)  (i)  (A)  who is economically disadvantaged; and (B)  whose parent or legal guardian reports that the student has experienced at least one risk factor; (ii)  is an English learner; or (iii)  is in foster care. See Utah Code 35A-15-102 Evaluation: means an evaluation conducted in accordance with Section 35A-15-303. See Utah Code 35A-15-102 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. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 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. Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to: (a)  establish control over one or more identifiable areas; (b)  intimidate others from entering those areas; or (c)  conceal illegal activities. See Utah Code 76-9-902 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 High quality school readiness program: means a preschool program that: (a)  is provided by an eligible LEA, eligible private provider, or eligible home-based educational technology provider; and (b)  meets the elements of a high quality school readiness program described in Section 35A-15-202. See Utah Code 35A-15-102 Highway: includes :Utah Code 68-3-12.5 ICE: means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security. See Utah Code 76-9-1002 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602 Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802 Investor: means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section 35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract. See Utah Code 35A-15-102 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. Kindergarten assessment: means the kindergarten entry assessment described in Section 53G-7-203. See Utah Code 35A-15-102 Land: includes :Utah Code 68-3-12.5 LEA: means a school district or charter school. See Utah Code 35A-15-102 Lien: A claim against real or personal property in satisfaction of a debt. Minor: means a person younger than 18 years old. See Utah Code 76-9-802 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. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 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. Pattern of criminal gang activity: means : (a)  committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years; (b)  the predicate gang crimes are: (i)  committed by two or more persons; or (ii)  committed by an individual at the direction of, or in association with a criminal street gang; and (c)  the criminal activity was committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang. See Utah Code 76-9-802 Pattern of criminal gang activity: means committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years, if the predicate gang crimes are committed: (a)  (i)  by two or more persons; or (ii)  by an individual at the direction of or in association with a criminal street gang; and (b)  with the specific intent to promote, further, or assist in any criminal conduct by members of a criminal street gang. See Utah Code 76-9-902 Performance outcome measure: means : (a)  indicators, as determined by the board, on the school readiness assessment and the kindergarten assessment; or (b)  for a results-based contract, the indicators included in the contract. See Utah Code 35A-15-102 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 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 76-1-101.5 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Property: includes both real and personal property. See Utah Code 68-3-12.5 Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Results-based contract: means a contract that: (a)  is entered into in accordance with Section 35A-15-402; (b)  includes a performance outcome measure; and (c)  is between the board, a provider of a high quality school readiness program, and an investor. See Utah Code 35A-15-102 Risk factor: means : (a)  having a mother who was 18 years old or younger when the child was born; (b)  a member of a child's household is incarcerated; (c)  living in a neighborhood with high violence or crime; (d)  having one or both parents with a low reading ability; (e)  moving at least once in the past year; (f)  having ever been in foster care; (g)  living with multiple families in the same household; (h)  having exposure in a child's home to: (i)  physical abuse or domestic violence; (ii)  substance abuse; (iii)  the death or chronic illness of a parent or sibling; or (iv)  mental illness; (i)  the primary language spoken in a child's home is a language other than English; or (j)  having at least one parent who has not completed high school. See Utah Code 35A-15-102 SAVE program: means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security. See Utah Code 76-9-1002 School readiness assessment: means the same as that term is defined in Section 53E-4-314. See Utah Code 35A-15-102 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 or local governmental agency: includes any private contractor or vendor that contracts with the agency to provide the agency's functions or services. See Utah Code 76-9-1002 Statute: A law passed by a legislature. 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 76-1-101.5 Tool: means the tool developed in accordance with Section 35A-15-303. See Utah Code 35A-15-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. verification of immigration status: means the determination of a person's immigration status by: (a)  a law enforcement officer who is authorized by a federal agency to determine an alien's immigration status; or (b)  the United States Department of Homeland Security, ICE, or other federal agency authorized to provide immigration status as provided by 8 U. See Utah Code 76-9-1002 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