San Carlos Apache Criminal Ordinance
SECTION TEN
THEFT AND RELATED OFFENSES
Section 10.1 Theft
A. A person commits Theft if, without lawful authority or consent, such person knowingly:
1. takes, controls, uses or conceals the property of another with intent to deprive the owner of the property’s use, benefit, or value;
2. obtains property or services of another by means of any material misrepresentation with intent to deprive the owner of such property or services;
3. takes property entrusted to him or her for a specified period of time and a particular use and uses such property for an unauthorized period of time or use;
4. obtains services known to be available for compensation without paying for such services or entering into an agreement to pay for the services;
5. comes into control of lost, mislaid, or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates
such property to the person’s own or another’s use without reasonable efforts to notify the true owner;
6. controls property of another knowing or having reason to know that the property was stolen; or
7. takes control, title, use or management of an elderly, incapacitated, or vulnerable adult’s assets or property through intimidation, omission, or deception.
B. A person found guilty of Theft may be sentenced to return the property, pay restitution in an amount that will fully compensate for the loss, 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 10.2 Shoplifting
A. A person commits Shoplifting if, while goods are displayed for sale, such person knowingly obtains such goods with the intent to deprive the owner of such
goods by:
1. removing any of the goods from display or any other place within the establishment without paying the purchase price;
2. charging the purchase price of the goods to a fictitious person or to a real person without that person’s authority;
3. paying less than the purchase price for the goods by some trick, such as altering, removing, substituting, or otherwise disfiguring any label, price tag, or
marking;
4. transferring the goods from one container to another; or
5. concealing the goods.
B. A person who knowingly conceals unpurchased merchandise while in a store shall be presumed to have the necessary intent to deprive the owner of the goods.
C. A person found guilty of Shoplifting may be sentenced to return the property, pay restitution in an amount that will fully compensate for the loss, serve a
period of imprisonment not to exceed 60 days, pay a fine not to exceed $200.00, or any combination of the above, with costs imposed at the discretion of the
Court.
Section 10.3 Issuing Bad Checks
A. A person commits Issuing Bad Checks by making, issuing or passing a check, knowing or having reason to know, that his or her bank account does not have
sufficient funds to make full payment on the check and all other checks outstanding at the time of issuance.
B. In a prosecution for Issuing Bad Checks, any of the following constitutes a defense:
1. the payee or holder of the check knows, has express prior notice, or has reason to believe that the writer of the check did not have sufficient funds to make full
payment on the check;
2. the check is postdated and sufficient funds are on deposit at the later date for full payment on the check.
C. A person found guilty of Issuing Bad Checks may be sentenced to pay restitution in an amount that will fully compensate for the loss, 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 10.4 Criminal Fraud
A. A person commits Criminal Fraud by obtaining money, property, advantage, credit, or any thing of value from another person by trick, deceit, or
misrepresentation.
B. It is unlawful for a person to sell or offer for sale any ticket or other token representing a chance to win a lottery, raffle, or other promotion where such
lottery, raffle, or other promotion is not bona fide.
C. A person found guilty of Criminal Fraud 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 10.5 Forgery
A. A person commits Forgery if, with intent to defraud, such person:
1. falsely makes, completes, or alters a written document or instrument;
2. knowingly possesses a forged document or instrument; or
3. offers or presents a document or instrument, knowing the document or instrument is forged or contains false information.
B. A person found guilty of Forgery 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 10.6 Criminal Impersonation
A. A person commits Criminal Impersonation if he or she:
1. Assumes a false identity with the intent to defraud another; or
2. pretends to be a representative of some person, agency, government, or organization with the intent to defraud or to obtain otherwise unauthorized access to
information or property.
B. A person found guilty of Criminal Impersonation 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 10.7 Identity Theft
A. A person commits Identity Theft by knowingly taking, using, selling or transferring any person identifying information of another person, without the
consent of that person, with the intent to:
1. obtain, use, sell or transfer the other person’s identity for any unlawful purpose; or
2. to cause loss to a person, whether or not the person actually suffers any economic loss as a result of the offense.
B. A person found guilty of Identity Theft 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 10.8 Unlawful Use of Credit Card
A. A person commits Unlawful Use of Credit Card if, with the intent to defraud, he or she uses a credit card or credit card number:
1. to obtain money, goods, services, or any thing of value without the cardholder’s or issuer’s consent; or
2. which the person knows is forged, expired, canceled or revoked.
B. A person found guilty of Unlawful Use of Credit Card 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.
THEFT AND RELATED OFFENSES
Section 10.1 Theft
A. A person commits Theft if, without lawful authority or consent, such person knowingly:
1. takes, controls, uses or conceals the property of another with intent to deprive the owner of the property’s use, benefit, or value;
2. obtains property or services of another by means of any material misrepresentation with intent to deprive the owner of such property or services;
3. takes property entrusted to him or her for a specified period of time and a particular use and uses such property for an unauthorized period of time or use;
4. obtains services known to be available for compensation without paying for such services or entering into an agreement to pay for the services;
5. comes into control of lost, mislaid, or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates
such property to the person’s own or another’s use without reasonable efforts to notify the true owner;
6. controls property of another knowing or having reason to know that the property was stolen; or
7. takes control, title, use or management of an elderly, incapacitated, or vulnerable adult’s assets or property through intimidation, omission, or deception.
B. A person found guilty of Theft may be sentenced to return the property, pay restitution in an amount that will fully compensate for the loss, 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 10.2 Shoplifting
A. A person commits Shoplifting if, while goods are displayed for sale, such person knowingly obtains such goods with the intent to deprive the owner of such
goods by:
1. removing any of the goods from display or any other place within the establishment without paying the purchase price;
2. charging the purchase price of the goods to a fictitious person or to a real person without that person’s authority;
3. paying less than the purchase price for the goods by some trick, such as altering, removing, substituting, or otherwise disfiguring any label, price tag, or
marking;
4. transferring the goods from one container to another; or
5. concealing the goods.
B. A person who knowingly conceals unpurchased merchandise while in a store shall be presumed to have the necessary intent to deprive the owner of the goods.
C. A person found guilty of Shoplifting may be sentenced to return the property, pay restitution in an amount that will fully compensate for the loss, serve a
period of imprisonment not to exceed 60 days, pay a fine not to exceed $200.00, or any combination of the above, with costs imposed at the discretion of the
Court.
Section 10.3 Issuing Bad Checks
A. A person commits Issuing Bad Checks by making, issuing or passing a check, knowing or having reason to know, that his or her bank account does not have
sufficient funds to make full payment on the check and all other checks outstanding at the time of issuance.
B. In a prosecution for Issuing Bad Checks, any of the following constitutes a defense:
1. the payee or holder of the check knows, has express prior notice, or has reason to believe that the writer of the check did not have sufficient funds to make full
payment on the check;
2. the check is postdated and sufficient funds are on deposit at the later date for full payment on the check.
C. A person found guilty of Issuing Bad Checks may be sentenced to pay restitution in an amount that will fully compensate for the loss, 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 10.4 Criminal Fraud
A. A person commits Criminal Fraud by obtaining money, property, advantage, credit, or any thing of value from another person by trick, deceit, or
misrepresentation.
B. It is unlawful for a person to sell or offer for sale any ticket or other token representing a chance to win a lottery, raffle, or other promotion where such
lottery, raffle, or other promotion is not bona fide.
C. A person found guilty of Criminal Fraud 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 10.5 Forgery
A. A person commits Forgery if, with intent to defraud, such person:
1. falsely makes, completes, or alters a written document or instrument;
2. knowingly possesses a forged document or instrument; or
3. offers or presents a document or instrument, knowing the document or instrument is forged or contains false information.
B. A person found guilty of Forgery 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 10.6 Criminal Impersonation
A. A person commits Criminal Impersonation if he or she:
1. Assumes a false identity with the intent to defraud another; or
2. pretends to be a representative of some person, agency, government, or organization with the intent to defraud or to obtain otherwise unauthorized access to
information or property.
B. A person found guilty of Criminal Impersonation 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 10.7 Identity Theft
A. A person commits Identity Theft by knowingly taking, using, selling or transferring any person identifying information of another person, without the
consent of that person, with the intent to:
1. obtain, use, sell or transfer the other person’s identity for any unlawful purpose; or
2. to cause loss to a person, whether or not the person actually suffers any economic loss as a result of the offense.
B. A person found guilty of Identity Theft 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 10.8 Unlawful Use of Credit Card
A. A person commits Unlawful Use of Credit Card if, with the intent to defraud, he or she uses a credit card or credit card number:
1. to obtain money, goods, services, or any thing of value without the cardholder’s or issuer’s consent; or
2. which the person knows is forged, expired, canceled or revoked.
B. A person found guilty of Unlawful Use of Credit Card 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.
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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"