§ 77-23a-1 Short title
§ 77-23a-2 Legislative findings
§ 77-23a-3 Definitions
§ 77-23a-4 Offenses — Criminal and civil — Lawful interception
§ 77-23a-4.5 Implanting an electronic identification device — Penalties
§ 77-23a-5 Traffic in intercepting devices — Offenses — Lawful activities
§ 77-23a-6 Seizure and forfeiture of intercepting devices
§ 77-23a-7 Evidence — Exclusionary rule
§ 77-23a-8 Court order to authorize or approve interception — Procedure
§ 77-23a-9 Disclosure or use of intercepted information
§ 77-23a-10 Application for order — Authority of order — Emergency action — Application — Entry — Conditions — Extensions — Recordings — Admissibility or suppression — Appeal by state
§ 77-23a-11 Civil remedy for unlawful interception — Action for relief
§ 77-23a-12 Enjoining a violation — Civil action by attorney general
§ 77-23a-13 Installation of device when court order required — Penalty
§ 77-23a-14 Court order for installation — Application
§ 77-23a-15 Order for installation — Contents — Duration — Extension — Disclosure
§ 77-23a-16 Communications provider — Cooperation and support services — Compensation — Liability defense

Terms Used In Utah Code > Title 77 > Chapter 23a - Interception of Communications Act

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3
  • Alcoholic beverage: is a s defined in Section 32B-1-102. See Utah Code 53-10-102
  • 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.
  • 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
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3
  • Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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. See Utah Code 53-10-102
  • Director: means the division director appointed under Section 53-10-103. See Utah Code 53-10-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
  • Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
    (a) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;
    (b) any wire or oral communications;
    (c) any communication made through a tone-only paging device; or
    (d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
  • Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
  • Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3
  • Electronic storage: means :
    (a) any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and
    (b) any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Highway: includes :Utah Code 68-3-12.5
  • 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.
  • Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3
  • Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3
  • Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-3
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Law enforcement agency: means an entity or division of:
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division has been certified by the commissioner; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mental defective: means an individual who, by a district court, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is found:
    (a) to be a danger to himself or herself or others;
    (b) to lack the mental capacity to contract or manage the individual's own affairs;
    (c) to be incompetent by a court in a criminal case; or
    (d) to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility. See Utah Code 53-10-102
  • 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
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3
  • 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.
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
  • Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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
  • 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.
  • Readily accessible to the general public: means , regarding a radio communication, that the communication is not:
    (a) scrambled or encrypted;
    (b) transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication;
    (c) carried on a subcarrier or signal subsidiary to a radio transmission;
    (d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
    (e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3
  • 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
  • User: means any person or entity who:
    (a) uses an electronic communications service; and
    (b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3
  • Writing: includes :Utah Code 68-3-12.5
  • logo