§ 77-11a-101 — Definitions.

As used in this chapter:
(1) (1)(a) "Agency" means an agency of this state or a political subdivision of this state.
(1)(b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
(2) "Claimant" means:
(2)(a) an owner of property;
(2)(b) an interest holder; or
(2)(c) an individual or entity who asserts a claim to any property for which an agency seeks to forfeit.
(3) (3)(a) "Computer" means, except as provided in Subsection (3)(c), an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, and storage functions.
(3)(b) "Computer" includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information.
(3)(c) "Computer" does not mean a computer server of an Internet or electronic service provider, or the service provider's employee, if used to comply with the requirements under 18 U.S.C. Sec. 2258A.
(4) (4)(a) "Contraband" means any property, item, or substance that is unlawful to produce or to possess under state or federal law.
(4)(b) "Contraband" includes:
(4)(b)(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
(4)(b)(ii) a computer that:
(4)(b)(ii)(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
(4)(b)(ii)(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 Title 76, Chapter 6, Part 5, Fraud.
(5) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(6) "Court" means a municipal, county, or state court.
(7) "Division of Law Enforcement" means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
(8) "Evidence" means the same as that term is defined in Section 77-11c-101.
(9) "Forfeit" means to divest a claimant of an ownership interest in property seized by a peace officer or agency.
(10) "Innocent owner" means a claimant who:
(10)(a) held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:
(10)(a)(i) did not have actual knowledge of the offense subjecting the property to seizure; or
(10)(a)(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
(10)(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:
(10)(b)(i) acquired the property in a bona fide transaction for value;
(10)(b)(ii) was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or
(10)(b)(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law.
(11) (11)(a) "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.
(11)(b) "Interest holder" does not mean a person:
(11)(b)(i) who holds property for the benefit of or as an agent or nominee for another person; or
(11)(b)(ii) who is not in substantial compliance with any statute requiring an interest in property to be:
(11)(b)(ii)(A) recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value; or
(11)(b)(ii)(B) held in control by a secured party, as defined in Section 70A-9a-102, in accordance with Section 70A-9a-314 in order to perfect the interest against a good faith purchaser for value.
(12) "Law enforcement agency" means:
(12)(a) a municipal, county, state institution of higher education, or state police force or department;
(12)(b) a sheriff's office; or
(12)(c) a municipal, county, or state prosecuting authority.
(13) "Legislative body" means:
(13)(a) (13)(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
(13)(a)(ii) the agency's governing political subdivision; or
(13)(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.
(14) "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.
(15) "Owner" means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property.
(16) "Pawn or secondhand business" means the same as that term is defined in Section 13-32a-102.
(17) "Peace officer" means an employee:
(17)(a) of an agency;
(17)(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
(17)(c) who is authorized by the agency to seize property.
(18) (18)(a) "Proceeds" means:
(18)(a)(i) property of any kind that is obtained directly or indirectly as a result of the commission of an offense; or
(18)(a)(ii) any property acquired directly or indirectly from, produced through, realized through, or caused by an act or omission regarding property under Subsection (18)(a)(i).
(18)(b) "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 (18)(a)(i).
(18)(c) "Proceeds" is not limited to the net gain or profit realized from the offense that subjects the property to seizure.
(19) (19)(a) "Property" means all property, whether real or personal, tangible or intangible.
(19)(b) "Property" does not include contraband.
(20) "Prosecuting attorney" means:
(20)(a) the attorney general and an assistant attorney general;
(20)(b) a district attorney or deputy district attorney;
(20)(c) a county attorney or assistant county attorney; and
(20)(d) an attorney authorized to commence an action on behalf of the state.
(21) "Public interest use" means a:
(21)(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
(21)(b) donation of the property to a nonprofit charity registered with the state.
(22) "Real property" means land, including any building, fixture, improvement, appurtenance, structure, or other development that is affixed permanently to land.
(23) (23)(a) "Seized property" means property seized by a peace officer or agency in accordance with Section 77-11a-201.
(23)(b) "Seized property" includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property.

Legislative History

Amended by Chapter 80, 2024 General Session