San Carlos Apache Criminal Ordinance
SECTION TWO
DEFINITIONS
Section 2.1 Definitions
In this code, the following definitions apply except where otherwise noted:
“Adult” means a person 18 years of age or older.
“Antiquity” means object relating to the life or culture of ancient people.
“Benefit” means anything of value or advantage, current or prospective.
“Bodily injury” means any physical injury.
“Control” means acting to exclude another person from using his or her property except as allowed by the defendant.
“Court” means one of the courts of the San Carlos Apache Tribe and the judges of those courts, collectively and individually.
“Dangerous instrument” means any instrument that, under the circumstances in which it is used or threatened to be used, is readily capable of causing
death or physical injury.
“Deadly weapon” means any weapon designed to cause death, including firearms.
“Intentionally” means a person intends to cause the result or to engage in the conduct described by the statute.
“Knowingly” means a person is aware or believes that his or her conduct is of the type described in the statute or that the circumstances are of the type
described in the statute; it does not mean that the person knows the conduct is unlawful.
“Law Enforcement Officer” means anyone vested by law with a duty to maintain public order and with the power to make arrests.
“Negligently” means that a person failed to exercise the degree of care that a reasonable person would have exercised in the same situation. A person is
negligent if such person should be aware that a certain circumstance exists or should be aware of a risk that his or her conduct could cause a certain
result.
“Material Issue” means any issue that could affect the course or outcome of any proceeding or transaction. Whether an issue is material is a question of
law to be determined by the court.
“Material misrepresentation” means a pretense (either verbal or physical), promise, representation, or statement of a present, past, or future fact that is
fraudulent.
“Minor” means a person under the age of 18 years old.
“Motor vehicle” means a self-propelled motor-powered vehicle, including but not limited to automobiles, trucks, motorcycles, motor powered boats,
jet-skis, and all-terrain vehicles.
“Obscene material” means any material that (1) the average person, applying to contemporary community standards, would find as a whole appeals to
the prurient interest, and (2) the average person applying contemporary standards would find depicts or describes conduct proscribed by statute in a
patently offensive way, and (3) lacks any serious literary, artistic, political, or scientific value.
“Person” means any human being or, where appropriate, any business, public or private corporation, unincorporated association, partnership,
government, or governmental authority over which the San Carlos Apache Tribal Courts have jurisdiction.
“Possess” means to have physical possession or to exercise control over property.
“Prohibited weapon” means any explosive; bomb; grenade; rocket; mine; device designed, made or adapted to muffle the report of a firearm; firearm
capable of shooting more than one shot automatically without manual reloading; rifle with a barrel length of less than 16 inches; shotgun with a barrel
length of less than 18 inches; any firearm that has been modified and has an overall length of less than 26 inches; and any materials intended to be used
to make any of the weapons.
“Property” means anything of value, whether tangible, intangible, real, or personal.
“Public place” means any place where the general public has a right to gather, use, or visit, or that is usually accessible to the public.
“Recklessly” means acting in conscious disregard of a substantial and unjustifiable risk of which the actor was aware or should have been aware.
“Serious bodily injury” means physical injury that creates a substantial risk of death, or causes serious and protracted disfigurement, protracted
impairment of health, or protracted impairment of health, or protracted loss or impairment of a function of any bodily organ.
“Tribal official” means any tribal employee, political appointee, or elected official acting in his/her official capacity as outlined in a written job
description or as delegated by the Tribal Council.
“Unlawful” means contrary to law or not permitted by law; it does not mean immoral.
“Voluntary” means acting willingly from one’s own free will and without reward.
“Willfully” means acting for a bad purpose.
DEFINITIONS
Section 2.1 Definitions
In this code, the following definitions apply except where otherwise noted:
“Adult” means a person 18 years of age or older.
“Antiquity” means object relating to the life or culture of ancient people.
“Benefit” means anything of value or advantage, current or prospective.
“Bodily injury” means any physical injury.
“Control” means acting to exclude another person from using his or her property except as allowed by the defendant.
“Court” means one of the courts of the San Carlos Apache Tribe and the judges of those courts, collectively and individually.
“Dangerous instrument” means any instrument that, under the circumstances in which it is used or threatened to be used, is readily capable of causing
death or physical injury.
“Deadly weapon” means any weapon designed to cause death, including firearms.
“Intentionally” means a person intends to cause the result or to engage in the conduct described by the statute.
“Knowingly” means a person is aware or believes that his or her conduct is of the type described in the statute or that the circumstances are of the type
described in the statute; it does not mean that the person knows the conduct is unlawful.
“Law Enforcement Officer” means anyone vested by law with a duty to maintain public order and with the power to make arrests.
“Negligently” means that a person failed to exercise the degree of care that a reasonable person would have exercised in the same situation. A person is
negligent if such person should be aware that a certain circumstance exists or should be aware of a risk that his or her conduct could cause a certain
result.
“Material Issue” means any issue that could affect the course or outcome of any proceeding or transaction. Whether an issue is material is a question of
law to be determined by the court.
“Material misrepresentation” means a pretense (either verbal or physical), promise, representation, or statement of a present, past, or future fact that is
fraudulent.
“Minor” means a person under the age of 18 years old.
“Motor vehicle” means a self-propelled motor-powered vehicle, including but not limited to automobiles, trucks, motorcycles, motor powered boats,
jet-skis, and all-terrain vehicles.
“Obscene material” means any material that (1) the average person, applying to contemporary community standards, would find as a whole appeals to
the prurient interest, and (2) the average person applying contemporary standards would find depicts or describes conduct proscribed by statute in a
patently offensive way, and (3) lacks any serious literary, artistic, political, or scientific value.
“Person” means any human being or, where appropriate, any business, public or private corporation, unincorporated association, partnership,
government, or governmental authority over which the San Carlos Apache Tribal Courts have jurisdiction.
“Possess” means to have physical possession or to exercise control over property.
“Prohibited weapon” means any explosive; bomb; grenade; rocket; mine; device designed, made or adapted to muffle the report of a firearm; firearm
capable of shooting more than one shot automatically without manual reloading; rifle with a barrel length of less than 16 inches; shotgun with a barrel
length of less than 18 inches; any firearm that has been modified and has an overall length of less than 26 inches; and any materials intended to be used
to make any of the weapons.
“Property” means anything of value, whether tangible, intangible, real, or personal.
“Public place” means any place where the general public has a right to gather, use, or visit, or that is usually accessible to the public.
“Recklessly” means acting in conscious disregard of a substantial and unjustifiable risk of which the actor was aware or should have been aware.
“Serious bodily injury” means physical injury that creates a substantial risk of death, or causes serious and protracted disfigurement, protracted
impairment of health, or protracted impairment of health, or protracted loss or impairment of a function of any bodily organ.
“Tribal official” means any tribal employee, political appointee, or elected official acting in his/her official capacity as outlined in a written job
description or as delegated by the Tribal Council.
“Unlawful” means contrary to law or not permitted by law; it does not mean immoral.
“Voluntary” means acting willingly from one’s own free will and without reward.
“Willfully” means acting for a bad purpose.
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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"
