San Carlos Apache Criminal Ordinance
SECTION SEVEN
SEXUALLY-RELATED OFFENSES
Section 7.1 Furnishing Obscene Materials to a Minor
A. A person commits Furnishing Obscene Materials to a Minor by knowingly giving, lending, showing, or selling obscene materials to any person under the
age of 18.
B. A person found guilty of Furnishing Obscene Materials to a Minor 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 7.2 Possession of Obscene Materials
A. A person commits Possession of Obscene Materials if he or she possesses obscene material with the intent to sell, rent, lend, transport or distribute
such material.
B. A person found guilty of Possession of Obscene Materials 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 7.3 Indecent Exposure
A. A person commits Indecent Exposure by knowingly exposing his or her genitals or anus, or her areola or nipple in the presence of another person in a
manner calculated to produce disgust or alarm.
B. A person found guilty of Indecent Exposure 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 7.4 Public Sexual Indecency
A. A person commits Public Sexual Indecency by intentionally or knowingly engaging in the following acts in the presence of another person without
regard as to whether a reasonable person would be offended by such act:
1. an act of sexual contact;
2. an act of oral sexual contact involving genitalia,
3. an act of sexual intercourse;
4. an act involving sexual contact between a person and an animal;or
5. any other sexual act deemed indecent by generally recognized standards of the community.
B. A person found guilty of Public Sexual Indecency 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 7.5 Prostitution
A. A person commits Prostitution by offering to perform, agreeing to perform, or performing any act of oral sexual contact or sexual intercourse in exchange
for money or any other thing of value.
B. A person found guilty of Prostitution 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 7.6 Soliciting for Prostitution
A. A person commits Soliciting for Prostitution by arranging or offering to provide the services of a prostitute.
B. A person found guilty of Soliciting for Prostitution 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 7.7 Patronizing a Prostitute
A. A person commits Patronizing a Prostitute by attempting to procure the services of a prostitute or engaging in any act of oral sexual contact or sexual
intercourse with a prostitute.
B. A person found guilty of Patronizing a Prostitute 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 7.8 Receiving the Proceeds of Prostitution
A. A person commits Receiving the Proceeds of Prostitution if he or she knowingly receives, lives on, or is supported, in whole or in part, by money or
any other thing of value, which is earned, received, procured, or realized by any person through prostitution.
B. A person found guilty of Receiving the Proceeds of Prostitution 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 7.9 Engaging in Child Prostitution
A. A person commits Engaging in Child Prostitution by knowingly:
1. taking or enticing any person under the age of 18 away from his or her parent, guardian or custodian for the purpose of prostitution;
2. causing any minor to engage in prostitution;
3. using any minor for purposes of prostitution;
4. receiving any benefit for procuring or placing a minor in any place or in the care of any person for the purpose of prostitution;
5. receiving any benefit pursuant to any agreement to participate in the proceeds of prostitution of a minor;
6. financing, managing, supervising, controlling, or owning, either alone or in association with others, prostitution activities involving a minor; or
7. transporting or financing transportation of any minor through or across the San Carlos Apache Reservation with the intent that such minor engage in
prostitution.
B. A person found guilty of Engaging in Child Prostitution 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 7.10 Adultery
A. A person commits Adultery if he or she intentionally or knowingly:
1. while married, engages in oral sexual contact or sexual intercourse with a person other than his or her spouse; or
2. while unmarried, engages in oral sexual contact or sexual intercourse with a married person.
B. No prosecution for Adultery shall be commenced except under the complaint of the husband or wife not committing the offense.
C. A person found guilty of Adultery 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 7.11 Spreading a Sexually Transmitted Disease
A. A person commits Spreading a Sexually Transmitted Disease if, while knowing or having reason to know that he or she has a Sexually Transmitted
Disease, he or she recklessly engages in sexual conduct
resulting in the transmission of the disease.
B. A person found guilty of Spreading a Sexually Transmitted Disease 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 7.12 Child Molestation
A. A person commits Child Molestation if he or she:
1. directly or indirectly fondles, touches, or plays with the genitals, anus or breasts of a child under the age of 14; or
2. causes a child under the age of 14 to directly or indirectly fondle, touch, or play with the genitals, anus or breasts of such person.
B. A person found guilty of Child Molestation 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 7.13 Incest
A. A person commits Incest by knowingly engaging in sexual intercourse with a parent, step-parent, sibling, step-sibling, aunt, uncle, niece, nephew, or
with one’s child or step-child.
B. A person found guilty of Incest 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 7.14 Sexual Abuse
A. A person commits Sexual Abuse by knowingly:
1. causing another person to engage in an act of sexual contact by threatening or placing that person in fear of death, serious bodily injury, or kidnapping; or
2. engaging in an act of sexual contact with another person if such other person is incapable of appraising the nature of the conduct, or physically unable to
communicate an unwillingness to engage in such act.
B. A person found guilty of Sexual Abuse 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 7.15 Sexual Abuse of a Minor
A. A person commits Sexual Abuse of a Minor by knowingly engaging in oral sexual contact or sexual intercourse with any person who is under the age of
18.
B. A person found guilty of Sexual Abuse of a Minor 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 7.16 Sexual Assault
A. A person commits Sexual Assault by knowingly causing another person to engage in an act of sexual contact while:
1. using force against such other person;
2. threatening or placing such other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
3. administering to such other person by force or threat of force, or without such person’s knowledge or consent, an intoxicant, drug or other similar
substance, thereby substantially impairing such other person’s ability to appraise or control his or her conduct.
B. A person found guilty of Sexual Assault 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 7.17 Sexual Assault of a Child
A. A person commits Sexual Assault of a Child by knowingly engaging, or attempting to engage in an act of sexual contact with a child under the age of 12.
B. A person found guilty of Sexual Assault of a Child 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 7.19 Sexual Assault of a Spouse
A. A person commits Sexual Assault of a Spouse by intentionally or knowingly engaging in oral sexual contact or sexual intercourse with his or her spouse,
without consent, through the use of force or threatened use of force.
B. A person found guilty of Sexual Assault of a Spouse 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 7.20 Abusive Sexual Contact
A. A person commits Abusive Sexual Contact by intentionally or knowingly touching, whether directly or indirectly, the genitalia, anus, groin, breast, inner
thigh, or buttocks of any person with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
B. A person found guilty of Abusive Sexual Contact 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.
SEXUALLY-RELATED OFFENSES
Section 7.1 Furnishing Obscene Materials to a Minor
A. A person commits Furnishing Obscene Materials to a Minor by knowingly giving, lending, showing, or selling obscene materials to any person under the
age of 18.
B. A person found guilty of Furnishing Obscene Materials to a Minor 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 7.2 Possession of Obscene Materials
A. A person commits Possession of Obscene Materials if he or she possesses obscene material with the intent to sell, rent, lend, transport or distribute
such material.
B. A person found guilty of Possession of Obscene Materials 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 7.3 Indecent Exposure
A. A person commits Indecent Exposure by knowingly exposing his or her genitals or anus, or her areola or nipple in the presence of another person in a
manner calculated to produce disgust or alarm.
B. A person found guilty of Indecent Exposure 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 7.4 Public Sexual Indecency
A. A person commits Public Sexual Indecency by intentionally or knowingly engaging in the following acts in the presence of another person without
regard as to whether a reasonable person would be offended by such act:
1. an act of sexual contact;
2. an act of oral sexual contact involving genitalia,
3. an act of sexual intercourse;
4. an act involving sexual contact between a person and an animal;or
5. any other sexual act deemed indecent by generally recognized standards of the community.
B. A person found guilty of Public Sexual Indecency 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 7.5 Prostitution
A. A person commits Prostitution by offering to perform, agreeing to perform, or performing any act of oral sexual contact or sexual intercourse in exchange
for money or any other thing of value.
B. A person found guilty of Prostitution 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 7.6 Soliciting for Prostitution
A. A person commits Soliciting for Prostitution by arranging or offering to provide the services of a prostitute.
B. A person found guilty of Soliciting for Prostitution 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 7.7 Patronizing a Prostitute
A. A person commits Patronizing a Prostitute by attempting to procure the services of a prostitute or engaging in any act of oral sexual contact or sexual
intercourse with a prostitute.
B. A person found guilty of Patronizing a Prostitute 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 7.8 Receiving the Proceeds of Prostitution
A. A person commits Receiving the Proceeds of Prostitution if he or she knowingly receives, lives on, or is supported, in whole or in part, by money or
any other thing of value, which is earned, received, procured, or realized by any person through prostitution.
B. A person found guilty of Receiving the Proceeds of Prostitution 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 7.9 Engaging in Child Prostitution
A. A person commits Engaging in Child Prostitution by knowingly:
1. taking or enticing any person under the age of 18 away from his or her parent, guardian or custodian for the purpose of prostitution;
2. causing any minor to engage in prostitution;
3. using any minor for purposes of prostitution;
4. receiving any benefit for procuring or placing a minor in any place or in the care of any person for the purpose of prostitution;
5. receiving any benefit pursuant to any agreement to participate in the proceeds of prostitution of a minor;
6. financing, managing, supervising, controlling, or owning, either alone or in association with others, prostitution activities involving a minor; or
7. transporting or financing transportation of any minor through or across the San Carlos Apache Reservation with the intent that such minor engage in
prostitution.
B. A person found guilty of Engaging in Child Prostitution 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 7.10 Adultery
A. A person commits Adultery if he or she intentionally or knowingly:
1. while married, engages in oral sexual contact or sexual intercourse with a person other than his or her spouse; or
2. while unmarried, engages in oral sexual contact or sexual intercourse with a married person.
B. No prosecution for Adultery shall be commenced except under the complaint of the husband or wife not committing the offense.
C. A person found guilty of Adultery 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 7.11 Spreading a Sexually Transmitted Disease
A. A person commits Spreading a Sexually Transmitted Disease if, while knowing or having reason to know that he or she has a Sexually Transmitted
Disease, he or she recklessly engages in sexual conduct
resulting in the transmission of the disease.
B. A person found guilty of Spreading a Sexually Transmitted Disease 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 7.12 Child Molestation
A. A person commits Child Molestation if he or she:
1. directly or indirectly fondles, touches, or plays with the genitals, anus or breasts of a child under the age of 14; or
2. causes a child under the age of 14 to directly or indirectly fondle, touch, or play with the genitals, anus or breasts of such person.
B. A person found guilty of Child Molestation 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 7.13 Incest
A. A person commits Incest by knowingly engaging in sexual intercourse with a parent, step-parent, sibling, step-sibling, aunt, uncle, niece, nephew, or
with one’s child or step-child.
B. A person found guilty of Incest 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 7.14 Sexual Abuse
A. A person commits Sexual Abuse by knowingly:
1. causing another person to engage in an act of sexual contact by threatening or placing that person in fear of death, serious bodily injury, or kidnapping; or
2. engaging in an act of sexual contact with another person if such other person is incapable of appraising the nature of the conduct, or physically unable to
communicate an unwillingness to engage in such act.
B. A person found guilty of Sexual Abuse 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 7.15 Sexual Abuse of a Minor
A. A person commits Sexual Abuse of a Minor by knowingly engaging in oral sexual contact or sexual intercourse with any person who is under the age of
18.
B. A person found guilty of Sexual Abuse of a Minor 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 7.16 Sexual Assault
A. A person commits Sexual Assault by knowingly causing another person to engage in an act of sexual contact while:
1. using force against such other person;
2. threatening or placing such other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
3. administering to such other person by force or threat of force, or without such person’s knowledge or consent, an intoxicant, drug or other similar
substance, thereby substantially impairing such other person’s ability to appraise or control his or her conduct.
B. A person found guilty of Sexual Assault 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 7.17 Sexual Assault of a Child
A. A person commits Sexual Assault of a Child by knowingly engaging, or attempting to engage in an act of sexual contact with a child under the age of 12.
B. A person found guilty of Sexual Assault of a Child 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 7.19 Sexual Assault of a Spouse
A. A person commits Sexual Assault of a Spouse by intentionally or knowingly engaging in oral sexual contact or sexual intercourse with his or her spouse,
without consent, through the use of force or threatened use of force.
B. A person found guilty of Sexual Assault of a Spouse 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 7.20 Abusive Sexual Contact
A. A person commits Abusive Sexual Contact by intentionally or knowingly touching, whether directly or indirectly, the genitalia, anus, groin, breast, inner
thigh, or buttocks of any person with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
B. A person found guilty of Abusive Sexual Contact 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"