San Carlos Apache Criminal Ordinance
SECTION EIGHT
OFFENSES INVOLVING TECHNOLOGY
Section 8.1 Unlawful Use of Telephone
A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone for the purpose of:
1. using any obscene, lewd or profane language or suggesting any lewd or lascivious act,
2. threatening to inflict physical harm to the person or property of any person,
3. disturbing by repeated anonymous telephone calls the peace, quiet or right of privacy of any person at the place where the telephone call or calls were
received.
B. Any offense committed by use of a telephone as set forth in this section is deemed to have been committed at either the place where the telephone call
or calls originated or at the place where the telephone call or calls were received.
C. A person found guilty of Unlawful Use of Telephone may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed
$500.00, or both, with costs imposed at the discretion of the Court.
Section 8.2 Surreptitious Photographing, Videotaping, Filming or Digitally Recording
A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means use a device to secretly view or record
another person without that person's consent under both of the
following circumstances:
1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy.
2. While the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this
section without the consent of the person depicted.
C. This section does not apply to:
1. Photographing, videotaping, filming or digitally recording for security purposes where notice of the use of photographing, videotaping, filming or digital
recording equipment is clearly posted in the location.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged
misconduct of persons on the premises of a
jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device.
D. A person found guilty of Surreptitious Photographing, Videotaping, Filming or Digitally Recording may be sentenced to a period of imprisonment not
to exceed 270 days, a fine not to exceed $2,500.00, or both, with costs imposed at the discretion of the Court.
Section 8.3 Unlawful Use of a Computer
A. A person commits Unlawful Use of a Computer if he or she intentionally or knowingly:
1. accesses, alters, deletes, damages, or destroys any computer, computer data, system or network without permission of the owner or lawful operator; or
2. obtains any confidential information, whether personal or tribal, by accessing any computer, computer data, system, or network without permission of
the owner or lawful operator.
B. A person found guilty of Unlawful Use of a Computer may be sentenced to a period of imprisonment not to exceed 270 days, a fine not to exceed
$2,500.00, or both, with costs imposed at the discretion of the Court.
OFFENSES INVOLVING TECHNOLOGY
Section 8.1 Unlawful Use of Telephone
A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone for the purpose of:
1. using any obscene, lewd or profane language or suggesting any lewd or lascivious act,
2. threatening to inflict physical harm to the person or property of any person,
3. disturbing by repeated anonymous telephone calls the peace, quiet or right of privacy of any person at the place where the telephone call or calls were
received.
B. Any offense committed by use of a telephone as set forth in this section is deemed to have been committed at either the place where the telephone call
or calls originated or at the place where the telephone call or calls were received.
C. A person found guilty of Unlawful Use of Telephone may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed
$500.00, or both, with costs imposed at the discretion of the Court.
Section 8.2 Surreptitious Photographing, Videotaping, Filming or Digitally Recording
A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means use a device to secretly view or record
another person without that person's consent under both of the
following circumstances:
1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy.
2. While the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this
section without the consent of the person depicted.
C. This section does not apply to:
1. Photographing, videotaping, filming or digitally recording for security purposes where notice of the use of photographing, videotaping, filming or digital
recording equipment is clearly posted in the location.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged
misconduct of persons on the premises of a
jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device.
D. A person found guilty of Surreptitious Photographing, Videotaping, Filming or Digitally Recording may be sentenced to a period of imprisonment not
to exceed 270 days, a fine not to exceed $2,500.00, or both, with costs imposed at the discretion of the Court.
Section 8.3 Unlawful Use of a Computer
A. A person commits Unlawful Use of a Computer if he or she intentionally or knowingly:
1. accesses, alters, deletes, damages, or destroys any computer, computer data, system or network without permission of the owner or lawful operator; or
2. obtains any confidential information, whether personal or tribal, by accessing any computer, computer data, system, or network without permission of
the owner or lawful operator.
B. A person found guilty of Unlawful Use of a Computer may be sentenced to a period of imprisonment not to exceed 270 days, a fine not to exceed
$2,500.00, or both, with costs imposed at the discretion of the Court.
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"