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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-61-101 Definitions.
As used in this chapter:
(1) "Conviction" means an adjudication by a federal or state court resulting from a trial or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity, or not guilty but mentally ill regardless of whether the sentence was imposed or suspended.
(2) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4 .
(3) "Memorabilia" means any tangible property of a person convicted of a first degree or capital felony, the value of which is enhanced by the notoriety gained from the conviction.
(4) "Profit" means any income or benefit over and above
the fair market value of the property that is received upon
the sale or transfer of memorabilia.
2004
78-61-102 Profit from sale of memorabilia - Deposit in Crime Victim Reparation Fund - Penalty.
(1) Any person who receives a profit from the sale or transfer of memorabilia shall remit to the fund:
(a) a complete, itemized accounting of the transaction, including:
(i) a description of each item sold;
(ii) the amount received for each item;
(iii) the estimated fair market value of each item; and
(iv) the name and address of the purchaser of each item; and
(b) a check or money order for the amount of the profit, which shall be the difference between the amount received for the item and the estimated fair market value of the item.
(2) Any person who willfully violates Subsection (1) may
be assessed a civil penalty of up to $1,000 per item sold
or transferred or three times the amount of the unremitted
profit, whichever is greater.
2004
