Title 77 - Utah Code of Criminal Procedure - Chapter 38a - Crime Victims Restitution Act - Part 1 - General Provisions - Section 102 - Definitions.

Published: 2020-05-12

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Utah Code

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Effective 5/12/2020 Renumbered 7/1/2021 77-38a-102 Definitions.

As used in this chapter: (1) "Conviction" includes a:

(a) judgment of guilt; (b) a plea of guilty; or (c) a plea of no contest.

(2) "Criminal activities" means: (a) any misdemeanor or felony offense of which the defendant is convicted; or (b) any other criminal conduct for which the defendant admits responsibility to the sentencing

court with or without an admission of committing the criminal conduct. (3)

(a) "Defendant" means an individual who has been convicted of, or entered into a plea disposition for, a criminal activity.

(b) "Defendant" does not include a minor, as defined in Section 78A-6-105, who is adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 78A, Chapter 6, Juvenile Court Act.

(4) "Department" means the Department of Corrections. (5) "Diversion" means suspending criminal proceedings prior to conviction on the condition that a

defendant agree to participate in a rehabilitation program, make restitution to the victim, or fulfill some other condition.

(6) "Party" means the prosecutor, defendant, or department involved in a prosecution. (7) "Pecuniary damages" means all demonstrable economic injury, whether or not yet incurred,

including those which a person could recover in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes the fair market value of property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings, including those and other travel expenses reasonably incurred as a result of participation in criminal proceedings, and medical and other expenses, but excludes punitive or exemplary damages and pain and suffering.

(8) "Plea agreement" means an agreement entered between the prosecution and defendant setting forth the special terms and conditions and criminal charges upon which the defendant will enter a plea of guilty or no contest.

(9) "Plea disposition" means an agreement entered into between the prosecution and defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any other jurisdiction or where charges are dismissed without a plea.

(10) "Plea in abeyance" means an order by a court, upon motion of the prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against him nor imposing sentence upon him on condition that he comply with specific conditions as set forth in a plea in abeyance agreement.

(11) "Plea in abeyance agreement" means an agreement entered into between the prosecution and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance.

(12) "Restitution" means full, partial, or nominal payment for pecuniary damages to a victim, including prejudgment interest, the accrual of interest from the time of sentencing, insured damages, reimbursement for payment of a reward, and payment for expenses to a governmental entity for extradition or transportation and as may be further defined by law.

Utah Code

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(13) (a) "Reward" means a sum of money:

(i) offered to the public for information leading to the arrest and conviction of an offender; and (ii) that has been paid to a person or persons who provide this information, except that the

person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.

(b) "Reward" does not include any amount paid in excess of the sum offered to the public. (14) "Screening" means the process used by a prosecuting attorney to terminate investigative

action, proceed with prosecution, move to dismiss a prosecution that has been commenced, or cause a prosecution to be diverted.

(15) (a) "Victim" means an individual or entity, including the Utah Office for Victims of Crime, that

the court determines has suffered pecuniary damages as a result of the defendant's criminal activities.

(b) "Victim" may not include a codefendant or accomplice.