San Carlos Apache Criminal Ordinance
SECTION SIX
OFFENSES AGAINST PERSONS
Section 6.1 Assault
A. A person commits Assault by intentionally placing another person in reasonable apprehension of imminent physical harm.
B. A person found guilty of Assault 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 6.2 Aggravated Assault
A. A person commits Aggravated Assault by committing an Assault:
1. with a dangerous instrument;
2. with the intent to cause serious bodily injury;
3. after entering the private home of another with the intent to commit the Assault; or
4. knowing or having reason to know that the victim is a Tribal Official or acting in an official capacity as an employee of an educational facility, correctional
facility, domestic violence
shelter, tribal court, law enforcement agency, counseling center, or probation department.
B. A person found guilty of Aggravated 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 6.3 Battery
A. A person commits Battery by:
1. intentionally, knowingly, or recklessly causing any physical injury to another person;
2. negligently operating a motor vehicle in a manner which results in physical harm to another person; or
3. knowingly touching another person with intent to injure, insult or provoke.
B. A person found guilty of Battery 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 6.4 Aggravated Battery
A. A person commits Aggravated Battery by committing a Battery:
1. upon a child under the age of 18, a person who is incapacitated, or an elderly person;
2. after entering the private home of another person with the intent to commit the Battery;
3. while knowingly or recklessly operating a motor vehicle in a manner which results in physical harm to another person; or
4. knowing or having reason to know that the victim is a Tribal Official or acting in an official capacity as an employee of an educational facility, correctional
facility, domestic violence shelter, tribal court, law enforcement agency, counseling center, or probation department.
B. A person found guilty of Aggravated Battery 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 6.5 Endangerment
A. A person commits Endangerment by intentionally, knowingly, or recklessly placing another person at risk of imminent death or physical injury.
B. A person found guilty of Endangerment 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 6.6 Threatening
A. A person commits Threatening if, by using words or conduct calculated to produce alarm or fear in another person, he or she suggests an intent to cause
physical injury, property damage, or serious public inconvenience, including but not limited to, evacuation of a building or transportation facility.
C. A person found guilty of Threatening 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 6.7 Harassment
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or
written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
B. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed,
annoyed or harassed and the conduct in fact seriously alarms,
annoys or harasses the person.
C. A person found guilty of Harassment 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 6.8 Aggravated Harassment
A. A person commits aggravated harassment if the person commits the offense of harassment and any of the following applies:
1. A court has issued an order of protection or an injunction against harassment against the person and the order or injunction has been served and is still valid.
2. The person has previously been convicted of a domestic violence offense.
B. The victim of any previous offense shall be the same as in the present offense.
C. A person found guilty of Aggravated Harassment 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 6.9 Stalking
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that
conduct either:
1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for
their safety or the safety of that person's
immediate family member.
2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person
or that person's immediate family
member.
B. For the purposes of this section:
1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or
implied, to a specific person on two or
more occasions over a period of time, however short, but does not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a
person's household within the past six
months.
C. A person found guilty of Stalking 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 6.10 Unlawfully Administering a Harmful Substance
A. A person commits Unlawfully Administering a Harmful Substance by:
1. knowingly introducing a harmful substance into the body of another person, directly or indirectly, for a purpose other than lawful or therapeutic treatment
without such victim’s consent.
2. knowingly introducing a harmful substance into a spring, well, or reservoir.
B. A “harmful substance” includes, but is not limited to: intoxicating liquor, narcotics, poison, or dangerous drug.
C. A person found guilty of Unlawfully Administering a Harmful Substance 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 6.11 Custodial Interference
A. A person commits Custodial Interference if, without legal right or privilege, he or she knowingly takes, entices, or keeps a child younger than 18 years of
age or an incapacitated person from the lawful custody of
another parent, guardian or custodian.
B. A person found guilty of Custodial Interference 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 6.12 Kidnapping
A. A person commits Kidnapping if he or she, with the intent to detain or hold another person:
1. seizes, confines, or carries away such other person by any means without his or her consent; or
2. unlawfully seizes, confines or carries away by any means a child or children under the age of 18, or any other person who, because of mental illness or
infirmity, is incompetent to consent.
B. A person found guilty of Kidnapping 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 6.13 Abuse of a Person
A. A person commits Abuse of a Person by intentionally causing or permitting a person to be:
1. lacking adequate care and control related to essential needs, including food, clothing or shelter;
2. subjected to infliction of physical or mental injury;
3. placed in a situation or unfit place that endangers a person’s life or health; or
4. subjected to any sexual or sexually-related offense.
B. A person found guilty of Abuse of a Person 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 6.14 Contributing to the Delinquency of a Minor
A. A person commits Contributing to the Delinquency of a Minor by intentionally, recklessly, or negligently contributing, encouraging, approving, or causing
a person under the age of 18 years to:
1. engage in any conduct prohibited by law;
2. disobey the reasonable and lawful orders and directions of a parent, guardian or custodian;
3. be habitually truant from school or a runaway from a parent, guardian or custodian;
4. accompany known criminals, drunks, and other persons of disreputable character;
5. frequent places or houses where alcohol, drugs, or other intoxicants are used or sold; or
6. use alcohol, drugs, narcotics, or other intoxicants or drugs not therapeutically administered.
B. A person found guilty of Contributing to the Delinquency of a Minor 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 6.15 Endangering the Welfare of a Minor
A. A person commits Endangering the Welfare of a Minor by knowingly or negligently contributing, encouraging, or allowing a person under the age of 18
years to:
1. be subjected to physical or mental injury as a result of failing to maintain or provide reasonable care and treatment;
2. be subjected to overwork or exploitation resulting in physical or mental injury; or
3. live in a home which by reason or neglect, cruelty or depravity is an unfit place.
B. A person found guilty of Endangering the Welfare of 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 6.16 Nonsupport
A. A person commits Nonsupport by intentionally, knowingly, and persistently failing to provide food, shelter, clothing, medical attention, financial
support, or other necessary care which he or she can provide
and is legally obliged to provide to a spouse, child, or other dependent.
B. A person found guilty of Nonsupport 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.
C. The Court may suspend or defer imposition of sentence upon the condition that the Defendant be given a chance to rectify the claim of Nonsupport
within a reasonable period of time set by the Court.
OFFENSES AGAINST PERSONS
Section 6.1 Assault
A. A person commits Assault by intentionally placing another person in reasonable apprehension of imminent physical harm.
B. A person found guilty of Assault 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 6.2 Aggravated Assault
A. A person commits Aggravated Assault by committing an Assault:
1. with a dangerous instrument;
2. with the intent to cause serious bodily injury;
3. after entering the private home of another with the intent to commit the Assault; or
4. knowing or having reason to know that the victim is a Tribal Official or acting in an official capacity as an employee of an educational facility, correctional
facility, domestic violence
shelter, tribal court, law enforcement agency, counseling center, or probation department.
B. A person found guilty of Aggravated 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 6.3 Battery
A. A person commits Battery by:
1. intentionally, knowingly, or recklessly causing any physical injury to another person;
2. negligently operating a motor vehicle in a manner which results in physical harm to another person; or
3. knowingly touching another person with intent to injure, insult or provoke.
B. A person found guilty of Battery 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 6.4 Aggravated Battery
A. A person commits Aggravated Battery by committing a Battery:
1. upon a child under the age of 18, a person who is incapacitated, or an elderly person;
2. after entering the private home of another person with the intent to commit the Battery;
3. while knowingly or recklessly operating a motor vehicle in a manner which results in physical harm to another person; or
4. knowing or having reason to know that the victim is a Tribal Official or acting in an official capacity as an employee of an educational facility, correctional
facility, domestic violence shelter, tribal court, law enforcement agency, counseling center, or probation department.
B. A person found guilty of Aggravated Battery 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 6.5 Endangerment
A. A person commits Endangerment by intentionally, knowingly, or recklessly placing another person at risk of imminent death or physical injury.
B. A person found guilty of Endangerment 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 6.6 Threatening
A. A person commits Threatening if, by using words or conduct calculated to produce alarm or fear in another person, he or she suggests an intent to cause
physical injury, property damage, or serious public inconvenience, including but not limited to, evacuation of a building or transportation facility.
C. A person found guilty of Threatening 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 6.7 Harassment
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or
written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
B. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed,
annoyed or harassed and the conduct in fact seriously alarms,
annoys or harasses the person.
C. A person found guilty of Harassment 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 6.8 Aggravated Harassment
A. A person commits aggravated harassment if the person commits the offense of harassment and any of the following applies:
1. A court has issued an order of protection or an injunction against harassment against the person and the order or injunction has been served and is still valid.
2. The person has previously been convicted of a domestic violence offense.
B. The victim of any previous offense shall be the same as in the present offense.
C. A person found guilty of Aggravated Harassment 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 6.9 Stalking
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that
conduct either:
1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for
their safety or the safety of that person's
immediate family member.
2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person
or that person's immediate family
member.
B. For the purposes of this section:
1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or
implied, to a specific person on two or
more occasions over a period of time, however short, but does not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a
person's household within the past six
months.
C. A person found guilty of Stalking 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 6.10 Unlawfully Administering a Harmful Substance
A. A person commits Unlawfully Administering a Harmful Substance by:
1. knowingly introducing a harmful substance into the body of another person, directly or indirectly, for a purpose other than lawful or therapeutic treatment
without such victim’s consent.
2. knowingly introducing a harmful substance into a spring, well, or reservoir.
B. A “harmful substance” includes, but is not limited to: intoxicating liquor, narcotics, poison, or dangerous drug.
C. A person found guilty of Unlawfully Administering a Harmful Substance 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 6.11 Custodial Interference
A. A person commits Custodial Interference if, without legal right or privilege, he or she knowingly takes, entices, or keeps a child younger than 18 years of
age or an incapacitated person from the lawful custody of
another parent, guardian or custodian.
B. A person found guilty of Custodial Interference 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 6.12 Kidnapping
A. A person commits Kidnapping if he or she, with the intent to detain or hold another person:
1. seizes, confines, or carries away such other person by any means without his or her consent; or
2. unlawfully seizes, confines or carries away by any means a child or children under the age of 18, or any other person who, because of mental illness or
infirmity, is incompetent to consent.
B. A person found guilty of Kidnapping 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 6.13 Abuse of a Person
A. A person commits Abuse of a Person by intentionally causing or permitting a person to be:
1. lacking adequate care and control related to essential needs, including food, clothing or shelter;
2. subjected to infliction of physical or mental injury;
3. placed in a situation or unfit place that endangers a person’s life or health; or
4. subjected to any sexual or sexually-related offense.
B. A person found guilty of Abuse of a Person 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 6.14 Contributing to the Delinquency of a Minor
A. A person commits Contributing to the Delinquency of a Minor by intentionally, recklessly, or negligently contributing, encouraging, approving, or causing
a person under the age of 18 years to:
1. engage in any conduct prohibited by law;
2. disobey the reasonable and lawful orders and directions of a parent, guardian or custodian;
3. be habitually truant from school or a runaway from a parent, guardian or custodian;
4. accompany known criminals, drunks, and other persons of disreputable character;
5. frequent places or houses where alcohol, drugs, or other intoxicants are used or sold; or
6. use alcohol, drugs, narcotics, or other intoxicants or drugs not therapeutically administered.
B. A person found guilty of Contributing to the Delinquency of a Minor 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 6.15 Endangering the Welfare of a Minor
A. A person commits Endangering the Welfare of a Minor by knowingly or negligently contributing, encouraging, or allowing a person under the age of 18
years to:
1. be subjected to physical or mental injury as a result of failing to maintain or provide reasonable care and treatment;
2. be subjected to overwork or exploitation resulting in physical or mental injury; or
3. live in a home which by reason or neglect, cruelty or depravity is an unfit place.
B. A person found guilty of Endangering the Welfare of 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 6.16 Nonsupport
A. A person commits Nonsupport by intentionally, knowingly, and persistently failing to provide food, shelter, clothing, medical attention, financial
support, or other necessary care which he or she can provide
and is legally obliged to provide to a spouse, child, or other dependent.
B. A person found guilty of Nonsupport 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.
C. The Court may suspend or defer imposition of sentence upon the condition that the Defendant be given a chance to rectify the claim of Nonsupport
within a reasonable period of time set by the Court.
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
serving members and
visitors of the San
Carlos Apache Tribe"
visitors of the San
Carlos Apache Tribe"