San Carlos Apache Criminal Ordinance
SECTION SEVENTEEN
OFFENSES AGAINST THE TRIBE
Section 17.1 Abuse of Office
A. A person commits Abuse of Office is:
1. as a Tribal Official or employee acting or purporting to act in an official capacity, such person:
a. knowingly acts or fails to act, with corrupt intent, so as to gain any pecuniary or personal benefit, advantage or privilege to which he or she is
not entitled;
b.. subjects another unlawfully to arrest, detention, search or seizure, mistreatment, or dispossession, knowing such action is unlawful; or
c. infringes unlawfully on the personal or property right of another, knowing such action is unlawful.
2. as a tribal official or employee acting in an unofficial capacity, such person uses his or her position and power to pressure or coerce another to
act or refrain from acting in a particular manner.
B. A person found guilty of Abuse of Office 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.
C. A Tribal Council member who has been convicted of Abuse of Office shall be deemed to have been convicted of an offense involving moral
integrity under Article IX, Section 1 of the Amended Constitution of the San Carlos Apache Tribe.
Section 17.2 Offering a Bribe to a Tribal Official
A. A person commits Offering a Bribe to a Tribal Official by offering, giving, or agreeing to offer or give anything of value to any Tribal Council
member, political appointee, or tribal employee, with intent to improperly
influence his or her vote, opinion, judgment, exercise of discretion, or other action or inaction in his or her official capacity.
B. A person found guilty of Offering a Bribe to a Tribal Official 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 17.3 Acceptance of a Bribe by a Tribal Official
A. A person commits Acceptance of a Bribe by a Tribal Official if, as a Tribal Council member, political appointee, or tribal employee, such
person solicits, receives, or agrees to receive any benefit upon agreement
or understanding that his or her vote, opinion, judgment, exercise of discretion, or other action in an official capacity will be influenced.
B. A person found guilty of Acceptance of a Bribe by a Tribal Official 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 17.4 Obstructing Tribal Operations
A. A person commits Obstructing Tribal Operations if, by using or threatening violence or physical force, such person knowingly obstructs,
impairs, or hinders:
1. the performance of a governmental function by a tribal employee acting in his or her official capacity; or
2. the enforcement of penal law or the preservation of the peace by a law enforcement officer acting in his or her official capacity.
C. A person found guilty of Obstructing Tribal Operations 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 17.5 Removing, Altering or Destroying Tribal Documents
A. A person commits Removing, Altering or Destroying Tribal Documents by knowingly:
1. removing an original tribal document from the location where it is normally housed without authorization from the Tribal Council;
2. altering in any way an original tribal document;
3. altering a tribal document in any way with the intent to deceive another person or entity;
4. removing a nonpublic tribal document from the tribal offices without authorization from the Tribal Council; or
5. destroying an original tribal document with the intent to alter tribal records or files for the purpose of misleading or deceiving another person or
entity.
B. A person found guilty of Removing, Altering or Destroying Tribal Documents 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 17.6 Possessing or Receiving Confidential Tribal Documents
A. A person commits Possessing or Receiving Confidential Tribal Documents if he or she takes possession or control of such documents knowing
or having reason to know that such documents were unlawfully obtained and intending to use such documents for personal advantage or to hinder,
obstruct, delay, or misrepresent governmental operations or policy.
B. A person found guilty of Possessing or Receiving Confidential Tribal Documents 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 17.7 Abuse of Archeological Resources
A. A person commits Abuse of Archeological Resources by intentionally abusing, disrupting, removing, or carrying away any object of religious or
cultural significance to the San Carlos Apache people.
B. A person found guilty of Abuse of Religious Shrines, Objects or Sites 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 17.8 Removal or Destruction of Archeological Resources
A. A person commits Removal or Destruction of Archeological Resources if such person, without legal right or authority, possesses, removes,
excavates, damages, defaces, injures, or destroys any historic or prehistoric ruin or monument, or any funerary object, sacred object, or object of
cultural patrimony as defined by federal law.
B. A person found guilty of Removal or Destruction of Archeological Resources may be sentenced to return the property, pay restitution of an
amount that will fully compensate for the damage caused, 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.
OFFENSES AGAINST THE TRIBE
Section 17.1 Abuse of Office
A. A person commits Abuse of Office is:
1. as a Tribal Official or employee acting or purporting to act in an official capacity, such person:
a. knowingly acts or fails to act, with corrupt intent, so as to gain any pecuniary or personal benefit, advantage or privilege to which he or she is
not entitled;
b.. subjects another unlawfully to arrest, detention, search or seizure, mistreatment, or dispossession, knowing such action is unlawful; or
c. infringes unlawfully on the personal or property right of another, knowing such action is unlawful.
2. as a tribal official or employee acting in an unofficial capacity, such person uses his or her position and power to pressure or coerce another to
act or refrain from acting in a particular manner.
B. A person found guilty of Abuse of Office 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.
C. A Tribal Council member who has been convicted of Abuse of Office shall be deemed to have been convicted of an offense involving moral
integrity under Article IX, Section 1 of the Amended Constitution of the San Carlos Apache Tribe.
Section 17.2 Offering a Bribe to a Tribal Official
A. A person commits Offering a Bribe to a Tribal Official by offering, giving, or agreeing to offer or give anything of value to any Tribal Council
member, political appointee, or tribal employee, with intent to improperly
influence his or her vote, opinion, judgment, exercise of discretion, or other action or inaction in his or her official capacity.
B. A person found guilty of Offering a Bribe to a Tribal Official 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 17.3 Acceptance of a Bribe by a Tribal Official
A. A person commits Acceptance of a Bribe by a Tribal Official if, as a Tribal Council member, political appointee, or tribal employee, such
person solicits, receives, or agrees to receive any benefit upon agreement
or understanding that his or her vote, opinion, judgment, exercise of discretion, or other action in an official capacity will be influenced.
B. A person found guilty of Acceptance of a Bribe by a Tribal Official 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 17.4 Obstructing Tribal Operations
A. A person commits Obstructing Tribal Operations if, by using or threatening violence or physical force, such person knowingly obstructs,
impairs, or hinders:
1. the performance of a governmental function by a tribal employee acting in his or her official capacity; or
2. the enforcement of penal law or the preservation of the peace by a law enforcement officer acting in his or her official capacity.
C. A person found guilty of Obstructing Tribal Operations 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 17.5 Removing, Altering or Destroying Tribal Documents
A. A person commits Removing, Altering or Destroying Tribal Documents by knowingly:
1. removing an original tribal document from the location where it is normally housed without authorization from the Tribal Council;
2. altering in any way an original tribal document;
3. altering a tribal document in any way with the intent to deceive another person or entity;
4. removing a nonpublic tribal document from the tribal offices without authorization from the Tribal Council; or
5. destroying an original tribal document with the intent to alter tribal records or files for the purpose of misleading or deceiving another person or
entity.
B. A person found guilty of Removing, Altering or Destroying Tribal Documents 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 17.6 Possessing or Receiving Confidential Tribal Documents
A. A person commits Possessing or Receiving Confidential Tribal Documents if he or she takes possession or control of such documents knowing
or having reason to know that such documents were unlawfully obtained and intending to use such documents for personal advantage or to hinder,
obstruct, delay, or misrepresent governmental operations or policy.
B. A person found guilty of Possessing or Receiving Confidential Tribal Documents 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 17.7 Abuse of Archeological Resources
A. A person commits Abuse of Archeological Resources by intentionally abusing, disrupting, removing, or carrying away any object of religious or
cultural significance to the San Carlos Apache people.
B. A person found guilty of Abuse of Religious Shrines, Objects or Sites 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 17.8 Removal or Destruction of Archeological Resources
A. A person commits Removal or Destruction of Archeological Resources if such person, without legal right or authority, possesses, removes,
excavates, damages, defaces, injures, or destroys any historic or prehistoric ruin or monument, or any funerary object, sacred object, or object of
cultural patrimony as defined by federal law.
B. A person found guilty of Removal or Destruction of Archeological Resources may be sentenced to return the property, pay restitution of an
amount that will fully compensate for the damage caused, 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.
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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"