San Carlos Apache Criminal Ordinance
SECTION THREE
DEFENSES TO CRIMINAL LIABILITY
Section 3.1 Voluntary Intoxication
Voluntary intoxication is not a defense to a criminal charge. However, when the offense requires specific intent, a jury may consider
evidence of a defendant’s intoxicated state when determining whether the defendant possessed the requisite intent to commit the crime.
Section 3.2 Mistake of Fact or Law
A mistake of law or fact is a defense to a criminal charge only when the mistake negates the mental state required by the statute.
Section 3.3 Affirmative Defenses
A. Duress: A person is not guilty of an offense if a reasonable person would believe that the actor was compelled to engage in the
prescribed conduct by the threat of or use of immediate physical force against the actor or another person, which could result in serious
physical injury and which a
reasonable person in the situation would not have resisted. Duress may not be used as a defense if the defendant intentionally,
knowingly, or recklessly placed himself or herself in a situation in which it was probable that he or she would be subject to duress.
Duress may also not be used as a defense to charges involving homicide or serious physical injury.
B. Execution of Public Duty: A person is not guilty of an offense if, under the circumstances present at the time the offense was
committed, a reasonable person would believe that the act constituting the offense was required or authorized by law (for example,
authorized by a court or necessary to assist a police officer in the performance of his or her duties),
C. Mental Disease or Defect: A person is not guilty of an offense if, at the time the offense was committed, the person suffered from a
mental disease or defect which caused the person to not know the nature and quality of the act or to not know that the act was wrong.
D. Protection of Self, Other Persons, or Property:
1. A person is justified in using physical force against another when and to the extent that a reasonable person would believe it to be
immediately necessary to protect himself or herself or another person from harm or to prevent criminal trespass or the or the theft of
property.
2. A person is justified in using deadly force only when a reasonable person would believe it immediately necessary to protect himself
or herself or another person from another’s use or attempted use of unlawful deadly physical force.
3. A person is not justified in using physical force in response to verbal provocation alone or to resist an arrest that the person knows
or should know is being made by a peace officer or at the direction of a peace officer.
4. A person is not justified in using deadly force to protect property absent an immediate necessity to protect himself or herself from
another’s use or attempted use of unlawful deadly physical force.
DEFENSES TO CRIMINAL LIABILITY
Section 3.1 Voluntary Intoxication
Voluntary intoxication is not a defense to a criminal charge. However, when the offense requires specific intent, a jury may consider
evidence of a defendant’s intoxicated state when determining whether the defendant possessed the requisite intent to commit the crime.
Section 3.2 Mistake of Fact or Law
A mistake of law or fact is a defense to a criminal charge only when the mistake negates the mental state required by the statute.
Section 3.3 Affirmative Defenses
A. Duress: A person is not guilty of an offense if a reasonable person would believe that the actor was compelled to engage in the
prescribed conduct by the threat of or use of immediate physical force against the actor or another person, which could result in serious
physical injury and which a
reasonable person in the situation would not have resisted. Duress may not be used as a defense if the defendant intentionally,
knowingly, or recklessly placed himself or herself in a situation in which it was probable that he or she would be subject to duress.
Duress may also not be used as a defense to charges involving homicide or serious physical injury.
B. Execution of Public Duty: A person is not guilty of an offense if, under the circumstances present at the time the offense was
committed, a reasonable person would believe that the act constituting the offense was required or authorized by law (for example,
authorized by a court or necessary to assist a police officer in the performance of his or her duties),
C. Mental Disease or Defect: A person is not guilty of an offense if, at the time the offense was committed, the person suffered from a
mental disease or defect which caused the person to not know the nature and quality of the act or to not know that the act was wrong.
D. Protection of Self, Other Persons, or Property:
1. A person is justified in using physical force against another when and to the extent that a reasonable person would believe it to be
immediately necessary to protect himself or herself or another person from harm or to prevent criminal trespass or the or the theft of
property.
2. A person is justified in using deadly force only when a reasonable person would believe it immediately necessary to protect himself
or herself or another person from another’s use or attempted use of unlawful deadly physical force.
3. A person is not justified in using physical force in response to verbal provocation alone or to resist an arrest that the person knows
or should know is being made by a peace officer or at the direction of a peace officer.
4. A person is not justified in using deadly force to protect property absent an immediate necessity to protect himself or herself from
another’s use or attempted use of unlawful deadly physical force.
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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"