San Carlos Apache Criminal Ordinance
SECTION NINE
CRIMES AGAINST PROPERTY
Section 9.1 Joyriding
A. A person commits Joyriding if he or she, with the intent to temporarily deprive the owner or lawful possessor of the use of a motor vehicle, drives or
takes away such motor vehicle without the consent of the owner or
lawful possessor.
B. For purposes of this section, “temporarily deprive” shall mean a period of time of not more than twenty-four hours. If the defendant drives or takes
the motor vehicle for a period in excess of twenty-four hours, it shall be
presumed that he or she intended to permanently deprive the owner or lawful possessor of its use, benefit, or value.
C. A person found guilty of Joyriding 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 9.2 Criminal Trespass
A. A person commits Criminal Trespass by knowingly:
1. entering or remaining unlawfully on or in any commercial building or structure, commercial yard, residential building or structure, or residential yard; or
2. entering or remaining unlawfully on or in any building, structure, or land after having been given sufficient notice not to enter or remain by the owner or
any person having lawful control over the
property. A written or verbal communication, a sign posted on the property in a place likely to be seen by a trespasser, and any fences or barricades
designed to enclose the property constitute sufficient
notice under this provision.
B. A person found guilty of Criminal Trespass 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 9.3 Criminal Littering or Polluting
A. A person commits Criminal Littering or Polluting by:
1. dumping, depositing, placing, throwing, or leaving any refuse, rubbish, debris, trash, or other substance, organic or inorganic, on public or private
property and failing to immediately remove it; or
2. unlawfully discharging or causing to be discharged any substance that will alter the quality of the waters on the reservation.
B. A person found guilty of Criminal Littering or Polluting 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 9.4 Criminal Damage to Public Property
A. A person commits Criminal Damage to Public Property by intentionally, recklessly or negligently defacing, damaging, or tampering with any property
of the San Carlos Apache Tribe, any federal government agency,
or the State of Arizona while such property is located within the San Carlos Reservation, so as to impair the property’s function or value.
B. A person found guilty of negligently causing Criminal Damage to Public Property may be sentenced to pay restitution of an amount that will fully
compensate for the damage cause, serve a period of imprisonment not to
exceed 90 days, pay a fine not to exceed $500.00, or any combination of the above, with costs imposed at the discretion of the Court.
C. A person found guilty of intentionally or recklessly causing Criminal Damage to Public Property may be sentenced to pay restitution of an amount that
will fully compensate for the damage cause, serve a period of
imprisonment not to exceed 180 days, pay a fine not to exceed $1,000.00, or any combination of the above, with costs imposed at the discretion of the
Court.
Section 9.5 Criminal Damage to Private or Personal Property
A. A person commits Criminal Damage to Private or Personal Property by intentionally, recklessly or negligently defacing, damaging, or tampering with
any property belonging to another person, without such person’s
consent, so as to impair the property’s function or value.
B. A person found guilty of negligently causing Criminal Damage to Private or Personal Property may be sentenced to pay restitution of an amount that
will fully compensate for the damage cause, serve a period of imprisonment not to exceed 90 days, pay a fine not to exceed $500.00, or any combination
of the above, with costs imposed at the discretion of the Court.
C. A person found guilty of intentionally or recklessly causing Criminal Damage to Private or Personal Property may be sentenced to pay restitution of an
amount that will fully compensate for the damage cause, serve a period of imprisonment not to exceed 180 days, pay a fine not to exceed $1,000.00, or
any combination of the above, with costs imposed at the discretion of the Court.
Section 9.6 Aggravated Criminal Damage
A. A person commits Aggravated Criminal Damage by intentionally or recklessly, and without express permission from the owner, defacing, damaging, or
altering the appearance of any building, structure or place used:
1. as an educational facility;
2. for worship or any religious purpose; or
3. for the purpose of burial or memorializing the dead.
B. A person found guilty of Aggravated Criminal Damage 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 9.7 Arson
A. A person commits Arson by intentionally or recklessly causing a fire or explosion that results in any damage to a building, structure, land or personal
property.
B. This section does not apply to any person who has properly obtained a tribal permit to burn his or her own land or the land of another.
C. A person found guilty of Arson may be sentenced to pay restitution in an amount that will fully compensate for the damage cause, serve a period of
imprisonment not to exceed 365 days, pay a fine not to exceed $5,000.00,
or any combination of the above, with costs imposed at the discretion of the Court.
Section 9.8 Negligent Burning
A. A person commits Negligent Burning if such person fails to use due diligence in containing a lawful fire for which he or she is responsible, and such fire
burns out of control, causing damage to any structure, land, or
personal property belonging either to another person or to the person responsible for the fire.
B. In this section, a “lawful fire” is a fire burned under permit from the Tribal Forestry Department.
C. A person found guilty of Negligent Burning may be sentenced to pay restitution in an amount that will fully compensate for the damage caused, serve a
period of imprisonment not to exceed 90 days, pay a fine not to
exceed $500.00, or any combination of the above, with costs imposed at the discretion of the Court.
CRIMES AGAINST PROPERTY
Section 9.1 Joyriding
A. A person commits Joyriding if he or she, with the intent to temporarily deprive the owner or lawful possessor of the use of a motor vehicle, drives or
takes away such motor vehicle without the consent of the owner or
lawful possessor.
B. For purposes of this section, “temporarily deprive” shall mean a period of time of not more than twenty-four hours. If the defendant drives or takes
the motor vehicle for a period in excess of twenty-four hours, it shall be
presumed that he or she intended to permanently deprive the owner or lawful possessor of its use, benefit, or value.
C. A person found guilty of Joyriding 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 9.2 Criminal Trespass
A. A person commits Criminal Trespass by knowingly:
1. entering or remaining unlawfully on or in any commercial building or structure, commercial yard, residential building or structure, or residential yard; or
2. entering or remaining unlawfully on or in any building, structure, or land after having been given sufficient notice not to enter or remain by the owner or
any person having lawful control over the
property. A written or verbal communication, a sign posted on the property in a place likely to be seen by a trespasser, and any fences or barricades
designed to enclose the property constitute sufficient
notice under this provision.
B. A person found guilty of Criminal Trespass 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 9.3 Criminal Littering or Polluting
A. A person commits Criminal Littering or Polluting by:
1. dumping, depositing, placing, throwing, or leaving any refuse, rubbish, debris, trash, or other substance, organic or inorganic, on public or private
property and failing to immediately remove it; or
2. unlawfully discharging or causing to be discharged any substance that will alter the quality of the waters on the reservation.
B. A person found guilty of Criminal Littering or Polluting 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 9.4 Criminal Damage to Public Property
A. A person commits Criminal Damage to Public Property by intentionally, recklessly or negligently defacing, damaging, or tampering with any property
of the San Carlos Apache Tribe, any federal government agency,
or the State of Arizona while such property is located within the San Carlos Reservation, so as to impair the property’s function or value.
B. A person found guilty of negligently causing Criminal Damage to Public Property may be sentenced to pay restitution of an amount that will fully
compensate for the damage cause, serve a period of imprisonment not to
exceed 90 days, pay a fine not to exceed $500.00, or any combination of the above, with costs imposed at the discretion of the Court.
C. A person found guilty of intentionally or recklessly causing Criminal Damage to Public Property may be sentenced to pay restitution of an amount that
will fully compensate for the damage cause, serve a period of
imprisonment not to exceed 180 days, pay a fine not to exceed $1,000.00, or any combination of the above, with costs imposed at the discretion of the
Court.
Section 9.5 Criminal Damage to Private or Personal Property
A. A person commits Criminal Damage to Private or Personal Property by intentionally, recklessly or negligently defacing, damaging, or tampering with
any property belonging to another person, without such person’s
consent, so as to impair the property’s function or value.
B. A person found guilty of negligently causing Criminal Damage to Private or Personal Property may be sentenced to pay restitution of an amount that
will fully compensate for the damage cause, serve a period of imprisonment not to exceed 90 days, pay a fine not to exceed $500.00, or any combination
of the above, with costs imposed at the discretion of the Court.
C. A person found guilty of intentionally or recklessly causing Criminal Damage to Private or Personal Property may be sentenced to pay restitution of an
amount that will fully compensate for the damage cause, serve a period of imprisonment not to exceed 180 days, pay a fine not to exceed $1,000.00, or
any combination of the above, with costs imposed at the discretion of the Court.
Section 9.6 Aggravated Criminal Damage
A. A person commits Aggravated Criminal Damage by intentionally or recklessly, and without express permission from the owner, defacing, damaging, or
altering the appearance of any building, structure or place used:
1. as an educational facility;
2. for worship or any religious purpose; or
3. for the purpose of burial or memorializing the dead.
B. A person found guilty of Aggravated Criminal Damage 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 9.7 Arson
A. A person commits Arson by intentionally or recklessly causing a fire or explosion that results in any damage to a building, structure, land or personal
property.
B. This section does not apply to any person who has properly obtained a tribal permit to burn his or her own land or the land of another.
C. A person found guilty of Arson may be sentenced to pay restitution in an amount that will fully compensate for the damage cause, serve a period of
imprisonment not to exceed 365 days, pay a fine not to exceed $5,000.00,
or any combination of the above, with costs imposed at the discretion of the Court.
Section 9.8 Negligent Burning
A. A person commits Negligent Burning if such person fails to use due diligence in containing a lawful fire for which he or she is responsible, and such fire
burns out of control, causing damage to any structure, land, or
personal property belonging either to another person or to the person responsible for the fire.
B. In this section, a “lawful fire” is a fire burned under permit from the Tribal Forestry Department.
C. A person found guilty of Negligent Burning may be sentenced to pay restitution in an amount that will fully compensate for the damage caused, serve a
period of imprisonment not to exceed 90 days, pay a fine not to
exceed $500.00, or any combination of the above, with costs imposed at the discretion of the Court.
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serving members and
visitors of the San
Carlos Apache Tribe"
visitors of the San
Carlos Apache Tribe"