San Carlos Apache Criminal Ordinance
SECTION FOUR
PREPARATORY CRIMES AND ACCOMPLICE LIABILITY
Section 4.1 Aiding and Abetting
A. A person commits Aiding and Abetting if, knowing that another person is committing a crime, or intends to commit a crime, such person aids,
counsels, or encourages that other person with means or opportunity to
commit the crime.
B. It shall be a defense to a prosecution for Aiding and Abetting if the defendant withdrew from the crime before the crime was actually committed. To
effectively withdraw:
1. A person who merely encouraged the commission of a crime must effectively repudiate that
encouragement.
2. A person who provided some material to the principal to be used in committing the crime must try to
neutralize this assistance by retrieving the material provided.
3. Alternatively, the person who aided and abetted must notify law enforcement authorities of the crime to
be committed or take some action to prevent the commission to prevent the commission of the crime.
C. A person found guilty of Aiding and Abetting 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 4.2 Accessory After the Fact
A. A person becomes an Accessory After the Fact by receiving, aiding, comforting, or assisting another person to escape arrest, trial, or conviction,
knowing that the other person has committed a crime.
B. A person found guilty of Accessory After the Fact 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 4.3 Criminal Attempt
A. A person commits Criminal Attempt if such person:
1. intentionally attempts to commit a crime with the intent that the crime be committed; and
2. engages in some overt act beyond mere preparation for the crime.
B. Factual Impossibility is not a defense to Criminal Attempt if the crime would have been committed had the circumstances been as the actor believed
them to be.
C. Legal Impossibility is a defense to Criminal Attempt, where the actor believed that the attempted result was a crime, when in fact, it was not a crime.
D. A person found guilty of Criminal Attempt 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.
E. The penalty imposed for Criminal Attempt shall not be greater than the penalty imposed for the crime that was the object of the attempt.
Section 4.4 Conspiracy
A. A person commits Conspiracy if, with intent to promote or aid in the commission of a crime, such person intentionally agrees:
1. with one or more other persons that one or more of them will commit the crime or engage in conduct in
furtherance of the crime, and one of them, in fact, commits an act in furtherance of the crime; or
2. to aid in the planning or commission of an offense.
B. If the crime that is the object of the conspiracy is successful, the conspirators may be convicted of both the conspiracy and the completed crime.
C. A person found guilty of Conspiracy 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.
D. The penalty imposed shall not be greater than the penalty imposed for the crime that was the object of the conspiracy.
Section 4.5 Co-Conspirator Liability
A. A conspirator is criminally liable for any crime committed by a coconspirator which is committed in furtherance of the conspiracy and which is a
foreseeable and natural consequence of the conspiracy.
B. Withdrawal from the conspiracy is a defense to liability for offenses committed by co-conspirators after the withdrawal. Withdrawal is not a defense
to the charge of conspiracy itself nor to crimes committed by coconspirators before the withdrawal. To withdraw, a conspirator must take an affirmative
step to notify all members of the conspiracy of his or her intent to withdraw, and must do so giving enough time for the remaining conspirators to
abandon their plans.
Section 4.6 Solicitation of a Crime
A. A person is guilty of Solicitation of a Crime if such person, by words or action, intentionally commands, encourages, invites, requests, or solicits
another to commit a crime with the intent that the crime be committed.
B. A person who solicits a crime may be held criminally liable for the completed crime or the solicitation but not for both.
C. It shall be a defense to prosecution for solicitation if the solicitor:
1. voluntarily and intentionally renounces his or her criminal intent; and
2. persuades the solicited party not to commit the crime or prevents the solicited party from committing
the crime.
D. A person found guilty of Solicitation of a Crime 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.
E. The penalty imposed shall not be greater than the penalty imposed for the crime that was the object of the solicitation.
PREPARATORY CRIMES AND ACCOMPLICE LIABILITY
Section 4.1 Aiding and Abetting
A. A person commits Aiding and Abetting if, knowing that another person is committing a crime, or intends to commit a crime, such person aids,
counsels, or encourages that other person with means or opportunity to
commit the crime.
B. It shall be a defense to a prosecution for Aiding and Abetting if the defendant withdrew from the crime before the crime was actually committed. To
effectively withdraw:
1. A person who merely encouraged the commission of a crime must effectively repudiate that
encouragement.
2. A person who provided some material to the principal to be used in committing the crime must try to
neutralize this assistance by retrieving the material provided.
3. Alternatively, the person who aided and abetted must notify law enforcement authorities of the crime to
be committed or take some action to prevent the commission to prevent the commission of the crime.
C. A person found guilty of Aiding and Abetting 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 4.2 Accessory After the Fact
A. A person becomes an Accessory After the Fact by receiving, aiding, comforting, or assisting another person to escape arrest, trial, or conviction,
knowing that the other person has committed a crime.
B. A person found guilty of Accessory After the Fact 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 4.3 Criminal Attempt
A. A person commits Criminal Attempt if such person:
1. intentionally attempts to commit a crime with the intent that the crime be committed; and
2. engages in some overt act beyond mere preparation for the crime.
B. Factual Impossibility is not a defense to Criminal Attempt if the crime would have been committed had the circumstances been as the actor believed
them to be.
C. Legal Impossibility is a defense to Criminal Attempt, where the actor believed that the attempted result was a crime, when in fact, it was not a crime.
D. A person found guilty of Criminal Attempt 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.
E. The penalty imposed for Criminal Attempt shall not be greater than the penalty imposed for the crime that was the object of the attempt.
Section 4.4 Conspiracy
A. A person commits Conspiracy if, with intent to promote or aid in the commission of a crime, such person intentionally agrees:
1. with one or more other persons that one or more of them will commit the crime or engage in conduct in
furtherance of the crime, and one of them, in fact, commits an act in furtherance of the crime; or
2. to aid in the planning or commission of an offense.
B. If the crime that is the object of the conspiracy is successful, the conspirators may be convicted of both the conspiracy and the completed crime.
C. A person found guilty of Conspiracy 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.
D. The penalty imposed shall not be greater than the penalty imposed for the crime that was the object of the conspiracy.
Section 4.5 Co-Conspirator Liability
A. A conspirator is criminally liable for any crime committed by a coconspirator which is committed in furtherance of the conspiracy and which is a
foreseeable and natural consequence of the conspiracy.
B. Withdrawal from the conspiracy is a defense to liability for offenses committed by co-conspirators after the withdrawal. Withdrawal is not a defense
to the charge of conspiracy itself nor to crimes committed by coconspirators before the withdrawal. To withdraw, a conspirator must take an affirmative
step to notify all members of the conspiracy of his or her intent to withdraw, and must do so giving enough time for the remaining conspirators to
abandon their plans.
Section 4.6 Solicitation of a Crime
A. A person is guilty of Solicitation of a Crime if such person, by words or action, intentionally commands, encourages, invites, requests, or solicits
another to commit a crime with the intent that the crime be committed.
B. A person who solicits a crime may be held criminally liable for the completed crime or the solicitation but not for both.
C. It shall be a defense to prosecution for solicitation if the solicitor:
1. voluntarily and intentionally renounces his or her criminal intent; and
2. persuades the solicited party not to commit the crime or prevents the solicited party from committing
the crime.
D. A person found guilty of Solicitation of a Crime 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.
E. The penalty imposed shall not be greater than the penalty imposed for the crime that was the object of the solicitation.
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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"