San Carlos Apache Criminal Ordinance
SECTION FIFTEEN
OFFENSES AGAINST THE COURT
Section 15.1 Failure to Appear
A. A person commits Failure to Appear if such person, having been notified that he or she is required by law to appear at any judicial proceeding in
connection with any offense, fails to appear at the proper time and place.
B. A person found guilty of Failure to Appear 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 15.2 Criminal Contempt of Court
A. A person commits Criminal Contempt of Court by intentionally:
1. disobeying or resisting the lawful order, process, or other mandate of a Court;
2. refusing to be sworn or affirmed as a witness in any court proceeding;
3. publishing a false or grossly inaccurate report of a court proceeding;
4. refusing to serve as a juror unless exempted by law;
5. failing to appear without excuse to attend a trial at which he or she has been chosen to serve as a juror;
6. failing to appear without excuse to attend an official proceeding at which he or she has been lawfully ordered to appear as a witness.
B. A person found guilty of Criminal Contempt of Court may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 15.3 Disrupting a Court Proceeding
A. A person commits Disrupting a Court Proceeding by knowingly engaging in any disorderly, disrespectful, or insolent behavior while the San Carlos
Apache Tribal Court is in session.
B. A person found guilty of Disrupting a Court Proceeding may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 15.4 Simulating Legal Process
A. A person commits Simulating Legal Process if such person knowingly sends or delivers to another any document falsely purporting to be an order or
other document that simulates civil or criminal process.
B. A person found guilty of Simulating Legal Process may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00,
or both, with costs imposed at the discretion of the Court.
Section 15.5 Removing, Altering or Destroying Tribal Court Documents
A. A person commits Removing, Altering or Destroying Tribal Court Documents by knowingly:
1. removing an original tribal court document from the location where it is normally housed without authorization from the court;
2. altering in any way an original document filed with the court;
3. altering a tribal court document in any way with the intent to deceive another person or entity;
4. removing a nonpublic tribal court document from the tribal court without authorization; or
5. destroying an original tribal court document with the intent to alter the court record or for the purpose of misleading or deceiving another person or entity.
B. A person found guilty of Removing, Altering or Destroying Tribal Court Documents 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 15.6 Perjury
A. A person commits perjury by willfully and deliberately making a false statement under oath or affirmation, either verbally or in writing, knowing or
having reason to know the statement is false.
B. This section applies to:
1. written statements made under oath, such as affidavits and notarized statements, whether or not made in connection with any official proceeding;
2. any oral statements or representations made during a deposition or any judicial proceeding in any court of the San Carlos Apache Tribe; or
3. any oral statements or representations made during any administrative proceeding of the San Carlos Apache Tribe.
C. A person found guilty of Perjury may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
Section 15.7 Witness Tampering
A. A person commits Witness Tampering by knowingly inducing or attempting to induce, in any way, a person called to be a witness in any judicial or
administrative proceeding to:
1. unlawfully withhold any testimony;
2. testify falsely;
3. avoid legal process or fail to appear at an official proceeding to which the witness has been legally summoned; or
4. influence such testimony.
B. A person found guilty of Witness Tampering may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 15.8 Jury Tampering
A. A person commits Jury Tampering by directly or indirectly communicating with a juror outside the normal proceedings of the case with the intent to
influence the juror’s vote, opinion, decision, or any other action as a juror.
B. A person found guilty of Jury Tampering 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 15.9 Tampering with Evidence
A. A person commits Tampering with Evidence if, with intent that such evidence be used, rejected or unavailable in an official proceeding, such person:
1. intentionally destroys, mutilates, alters, conceals or removes evidence with the intent to impair the truthfulness or availability of the evidence;
2. knowingly makes, produces, or offers any false evidence in an official proceeding; or
3. intentionally uses forces, intimidation, or deception against any person with the intent to prevent the production of evidence in an official proceeding.
B. A person found guilty of Tampering with Evidence 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 15.10 Acceptance of a Bribe by a Juror
A. A person commits Acceptance of a Bribe by a Juror by knowingly soliciting, accepting, or agreeing to accept any benefit upon an agreement or
understanding that his or her vote, opinion, decision or other action as a juror will be influenced.
B. A person found guilty of Acceptance of a Bribe by a Juror 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 AGAINST THE COURT
Section 15.1 Failure to Appear
A. A person commits Failure to Appear if such person, having been notified that he or she is required by law to appear at any judicial proceeding in
connection with any offense, fails to appear at the proper time and place.
B. A person found guilty of Failure to Appear 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 15.2 Criminal Contempt of Court
A. A person commits Criminal Contempt of Court by intentionally:
1. disobeying or resisting the lawful order, process, or other mandate of a Court;
2. refusing to be sworn or affirmed as a witness in any court proceeding;
3. publishing a false or grossly inaccurate report of a court proceeding;
4. refusing to serve as a juror unless exempted by law;
5. failing to appear without excuse to attend a trial at which he or she has been chosen to serve as a juror;
6. failing to appear without excuse to attend an official proceeding at which he or she has been lawfully ordered to appear as a witness.
B. A person found guilty of Criminal Contempt of Court may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 15.3 Disrupting a Court Proceeding
A. A person commits Disrupting a Court Proceeding by knowingly engaging in any disorderly, disrespectful, or insolent behavior while the San Carlos
Apache Tribal Court is in session.
B. A person found guilty of Disrupting a Court Proceeding may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 15.4 Simulating Legal Process
A. A person commits Simulating Legal Process if such person knowingly sends or delivers to another any document falsely purporting to be an order or
other document that simulates civil or criminal process.
B. A person found guilty of Simulating Legal Process may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00,
or both, with costs imposed at the discretion of the Court.
Section 15.5 Removing, Altering or Destroying Tribal Court Documents
A. A person commits Removing, Altering or Destroying Tribal Court Documents by knowingly:
1. removing an original tribal court document from the location where it is normally housed without authorization from the court;
2. altering in any way an original document filed with the court;
3. altering a tribal court document in any way with the intent to deceive another person or entity;
4. removing a nonpublic tribal court document from the tribal court without authorization; or
5. destroying an original tribal court document with the intent to alter the court record or for the purpose of misleading or deceiving another person or entity.
B. A person found guilty of Removing, Altering or Destroying Tribal Court Documents 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 15.6 Perjury
A. A person commits perjury by willfully and deliberately making a false statement under oath or affirmation, either verbally or in writing, knowing or
having reason to know the statement is false.
B. This section applies to:
1. written statements made under oath, such as affidavits and notarized statements, whether or not made in connection with any official proceeding;
2. any oral statements or representations made during a deposition or any judicial proceeding in any court of the San Carlos Apache Tribe; or
3. any oral statements or representations made during any administrative proceeding of the San Carlos Apache Tribe.
C. A person found guilty of Perjury may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
Section 15.7 Witness Tampering
A. A person commits Witness Tampering by knowingly inducing or attempting to induce, in any way, a person called to be a witness in any judicial or
administrative proceeding to:
1. unlawfully withhold any testimony;
2. testify falsely;
3. avoid legal process or fail to appear at an official proceeding to which the witness has been legally summoned; or
4. influence such testimony.
B. A person found guilty of Witness Tampering may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 15.8 Jury Tampering
A. A person commits Jury Tampering by directly or indirectly communicating with a juror outside the normal proceedings of the case with the intent to
influence the juror’s vote, opinion, decision, or any other action as a juror.
B. A person found guilty of Jury Tampering 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 15.9 Tampering with Evidence
A. A person commits Tampering with Evidence if, with intent that such evidence be used, rejected or unavailable in an official proceeding, such person:
1. intentionally destroys, mutilates, alters, conceals or removes evidence with the intent to impair the truthfulness or availability of the evidence;
2. knowingly makes, produces, or offers any false evidence in an official proceeding; or
3. intentionally uses forces, intimidation, or deception against any person with the intent to prevent the production of evidence in an official proceeding.
B. A person found guilty of Tampering with Evidence 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 15.10 Acceptance of a Bribe by a Juror
A. A person commits Acceptance of a Bribe by a Juror by knowingly soliciting, accepting, or agreeing to accept any benefit upon an agreement or
understanding that his or her vote, opinion, decision or other action as a juror will be influenced.
B. A person found guilty of Acceptance of a Bribe by a Juror 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"