San Carlos Apache Criminal Ordinance
SECTION EIGHTEEN
OFFENSES INVOLVING GANGS OR TERRORISM
Section 18.1 Participating in or Assisting a Criminal Syndicate or Street Gang
A. A person commits participating in or assisting a criminal syndicate or street gang by:
1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate or street gang with the intent to promote or further the
criminal objectives of the syndicate or gang; or
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate or
street gang; or
3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate or street gang with the intent to promote or further
criminal objectives; or
4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate or street gang by inducing or committing any act or omission by a
tribal official or manager, employee, or agent of the Apache Gold Casino; or
5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
B. A person commits assisting a criminal syndicate or street gang by committing any offense, whether completed or preparatory, with the intent to
promote or further the criminal objectives of a criminal syndicate or street gang.
C. A person found guilty of Participating in or Assisting a Criminal Syndicate or Street Gang may be sentenced to a period of imprisonment not to exceed
365 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 18.2 Terrorism
A. It is unlawful for a person to intentionally or knowingly do any of the following:
1. Engage in an act of terrorism.
2. Organize, manage, direct, supervise or finance an act of terrorism.
3. Solicit, incite or induce others to promote or further an act of terrorism.
4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise
control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.
5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to
facilitate an act of terrorism.
6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of
terrorism has occurred or may result by:
(a) Harboring or concealing any person or property.
(b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in
connection with an effort to bring another person into compliance with the law.
(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.
(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.
(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension,
prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or
conviction of any
person or that might aid in the prevention of an act of terrorism.
(g) Concealing the identity of any person.
B. This section does not apply to any person who is engaged in lawful activity within the scope of the person's employment and the person is in
compliance with all applicable tribal, federal and state laws in doing so.
C. A person found guilty of Terrorism may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed $5,000.00, or both,
with costs imposed at the discretion of the Court.
OFFENSES INVOLVING GANGS OR TERRORISM
Section 18.1 Participating in or Assisting a Criminal Syndicate or Street Gang
A. A person commits participating in or assisting a criminal syndicate or street gang by:
1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate or street gang with the intent to promote or further the
criminal objectives of the syndicate or gang; or
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate or
street gang; or
3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate or street gang with the intent to promote or further
criminal objectives; or
4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate or street gang by inducing or committing any act or omission by a
tribal official or manager, employee, or agent of the Apache Gold Casino; or
5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
B. A person commits assisting a criminal syndicate or street gang by committing any offense, whether completed or preparatory, with the intent to
promote or further the criminal objectives of a criminal syndicate or street gang.
C. A person found guilty of Participating in or Assisting a Criminal Syndicate or Street Gang may be sentenced to a period of imprisonment not to exceed
365 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 18.2 Terrorism
A. It is unlawful for a person to intentionally or knowingly do any of the following:
1. Engage in an act of terrorism.
2. Organize, manage, direct, supervise or finance an act of terrorism.
3. Solicit, incite or induce others to promote or further an act of terrorism.
4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise
control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.
5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to
facilitate an act of terrorism.
6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of
terrorism has occurred or may result by:
(a) Harboring or concealing any person or property.
(b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in
connection with an effort to bring another person into compliance with the law.
(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.
(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.
(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension,
prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or
conviction of any
person or that might aid in the prevention of an act of terrorism.
(g) Concealing the identity of any person.
B. This section does not apply to any person who is engaged in lawful activity within the scope of the person's employment and the person is in
compliance with all applicable tribal, federal and state laws in doing so.
C. A person found guilty of Terrorism may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed $5,000.00, or both,
with costs imposed at the discretion of the Court.
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"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"