Terms Used In Utah Code > Title 77 > Chapter 11a - Seizure of Property and Contraband

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means :

  (a)	an owner of property;

  (b)	an interest holder; or

  (c)

  an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101 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: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101 Contraband: includes : (i)  a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or (ii)  a computer that: (A)  contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or (B)  contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of 5. See Utah Code 77-11a-101 Contract: A legal written agreement that becomes binding when signed. Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11a-101 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. Court: means a municipal, county, or state court. See Utah Code 77-11a-101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. 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. Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101 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. Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. Forfeit: means to divest a claimant of an ownership interest in property seized by a peace officer or agency. See Utah Code 77-11a-101 Grantor: The person who establishes a trust and places property into it. 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. Innocent owner: means a claimant who: (a)  held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and: (i)  did not have actual knowledge of the offense subjecting the property to seizure; or (ii)  upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or (b)  acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and: (i)  acquired the property in a bona fide transaction for value; (ii)  was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or (iii)  was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101 Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101 Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102 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. Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means : (a)  a municipal, county, state institution of higher education, or state police force or department; (b)  a sheriff's office; or (c)  a municipal, county, or state prosecuting authority. See Utah Code 77-11a-101 Legislative body: means : (a)  (i)  the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or (ii)  the agency's governing political subdivision; or (b)  the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101 Lien: A claim against real or personal property in satisfaction of a debt. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Multijurisdictional task force: means a law enforcement task force or other agency comprised of individuals who are employed by or acting under the authority of different governmental entities, including federal, state, county, or municipal governments, or any combination of federal, state, county, or municipal agencies. See Utah Code 77-11a-101 Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that: (a)  purports to create a lien or encumbrance on or a notice of interest in the real property; (b)  at the time the document is recorded, is not: (i)  expressly authorized by this chapter or a state or federal statute; (ii)  authorized by or contained in an order or judgment of a court of competent jurisdiction; or (iii)  signed by or expressly authorized by a document signed by the owner of the real property; and (c)  is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102 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. Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who has a vested ownership interest in real property. See Utah Code 38-9-102 Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101 Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101 Peace officer: means an employee: (a)  of an agency; (b)  whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and (c)  who is authorized by the agency to seize property. See Utah Code 77-11a-101 Person: means :Utah Code 68-3-12.5 Political subdivision: means a county, city, town, school district, special improvement or taxing district, special district, special service district, or other governmental subdivision or public corporation. See Utah Code 38-9-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101 Prosecuting attorney: means : (a)  the attorney general and an assistant attorney general; (b)  a district attorney or deputy district attorney; (c)  a county attorney or assistant county attorney; and (d)  an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101 Public interest use: means a: (a)  use by a government agency as determined by the legislative body of the agency's jurisdiction; or (b)  donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101 Public official: means : (a)  a current or former: (i)  member of the Legislature; (ii)  member of Congress; (iii)  judge; (iv)  member of law enforcement; (v)  corrections officer; (vi)  active member of the Utah State Bar; or (vii)  member of the Board of Pardons and Parole; (b)  an individual currently or previously appointed or elected to an elected position in: (i)  the executive branch of state or federal government; or (ii)  a political subdivision; (c)  an individual currently or previously appointed to or employed in a position in a political subdivision, or state or federal government that: (i)  is a policymaking position; or (ii)  involves: (A)  purchasing or contracting decisions; (B)  drafting legislation or making rules; (C)  determining rates or fees; or (D)  making adjudicative decisions; or (d)  an immediate family member of a person described in Subsections (8)(a) through (c). See Utah Code 38-9-102 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trustee: A person or institution holding and administering property in trust. 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. Wrongful lien: means any document that purports to create a lien, notice of interest, or encumbrance on an owner's interest in certain real property and at the time it is recorded is not: (a)  expressly authorized by this chapter or another state or federal statute; (b)  authorized by or contained in an order or judgment of a court of competent jurisdiction in the state; or (c)  signed by or authorized pursuant to a document signed by the owner of the real property. See Utah Code 38-9-102