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Law and Order Code of the Fort McDowell Yavapai Community, Arizona

Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]

CHAPTER 6 - CRIMINAL CODE



Art. I. In General, §§ 6-1 - 6-30

Art. II. Offenses Against Public Administration, §§ 6-31 - 6-50

Div. 1. Generally, §§ 6-31 - 6-40
Art. III. Offenses Against Persons, §§ 6-51 - 6-80
Div. 1. Generally, §§ 6-51- 6-60

Div. 2. Sexual Offenses, §§6-61 - 6-80
Art. IV. Offenses Against Minors and Dependents, §§ 6-81- 6-90.2
Div. 1. Generally, §§ 6-81 - 6-85

Div. 2. Sexual Contact with Children, §§ 6-86 - 6-90.2
Art. V. Offenses Against Property, §§ 6-91 - 6-120
Div. 1. Generally, §§ 6-91- 6-I00

Div. 2. Real or Tangible Property, §§ 6-101 - 6-110


Div. 3. Trespass, §§ 6-111 - 6-120
Art. VI. Alcohol and Drug-Related Offenses, §§ 6-121 - 6-129

Art. VII. Weapons and Explosives, §§ 6-130 - 6-134

 

 


ARTICLE I. IN GENERAL

Sec. 6-1. ELIGIBLE AGE FOR COURT JURISDICTION.

The Fort McDowell Tribal Court shall have no jurisdiction to try any person under the age of eighteen (18) years as an adult, unless the juvenile court finds that the interests of the community or of the juvenile in question would be served better if a juvenile sixteen (16) years of age or older were tried as an adult.


Sec. 6-2. AIDING OR ABETTING.


When an act is declared a misdemeanor, which act shall be a violation of this Code, and no punishment for counseling or aiding is the commission of the act is expressly prescribed by law, a person who counsels or aids another in the commission of the ad shall be deemed godly of an offense of aiding or abetting and, upon conviction thereof, shall be sentenced to a fine or imprisonment not to exceed sentence of the person charged and convicted of a crime under this Code.


Sec. 6-3. FALSE ARREST.


Any person who shall willing or knowingly make or cause to be made the unlawful arrest, detention or imprisonment of another person shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed one hundred twenty dollars ($120.00), or to both such imprisonment and fine, with costs.


Sec. 6-4. MAINTAINIIVG A PUBLIC NUISANCE.

Any person who shall maintain a place which is injurious to health, indecent or offensive to the senses or which is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a considerable number of persons or which unlawfully obstructs the free passage or use in the customary manner, of any lake, river, canal or community property shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed three hundred dollars ($300.00), or to both such imprisonment and fine, with costs; and may be required to remove or cease such nuisance when so ordered by the court.


Sec. 6-5. DISORDERLY CONDUCT.

Any person who in a public or private place disrupts the peace and quiet of a neighborhood, family or person, by engaging in fighting, violent or seriously disruptive behavior, or who uses or employs abusive, profane language or gestures or makes unreasonable noise shall be deemed guilty of disorderly conduct and upon conviction thereof shall be sentenced to imprisonment for a period not to exceed thirty (30) days or to a fine not to exceed sixty dollars ($60.00) or to both such imprisonment and fine, with costs.

(Sec. 6.6. RESERVED.)



Sec. 6-7. DEFINITIONS.


In this chapter, unless the context otherwise requires:
  1. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious bodily injury.

  2. "Intentionally" or "with the intent to" means, with respect to a result or to conduct described by a provision of this chapter defining an offense, that a person's objective is to cause that result or to engage is the conduct.

  3. "Knowingly" means, with respect to conduct or to a circumstance described by a provision of this chapter defining an offense, that a person is aware or believes that his or her conduct is of a nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

  4. "Negligently" means, with respect to a result or to a circumstance described by a provision of this chapter defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

  5. "Physical injury" means the impairment of physical condition.

  6. "Recklessly" means, with inspect to a result or to a circumstance described by a provision of this chapter defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

  7. "Serious bodily injury" includes physical injury which creates a reasonable risk of death, or which causes serious or permanent disfigurement, or serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

  8. "Willfully" means, with respect to a result, to conduct or to a circumstance described by a provision of this chapter defining an offense, that a person's objective is to cause that result or circumstance or to voluntarily engage in that conduct, without justifiable excuse.
(Sec. 6-7 added by Resolution No. Ft. McD. 95-149, effective Nov. 18, 1995.)

(Secs. 6-8 - 6-30. Reserved.)





ARTICLE II. OFFENSES AGAINST PUBLIC ADMINISTRATION.

DIVISION 1. GENERALLY

Sec. 6-31. RESISTING LAWFUL ARREST.

Any person who shall willfully or knowingly, by force or violence resist or assist another person in resisting a lawful arrest shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed one year or to a fine not to exceed five thousand dollars ($5,000.00) or both such imprisonment and fine, with costs. If injuries are sustained by the officer as a result of making the arrest, the sentence shall not be suspended.


Sec. 6-32. DUTY TO ASSIST LAW ENFORCEMENT OFFICER
.

Any person who shall refuse to assist a duly appointed law enforcement officer in the arrest of any person or in conveying such person to the nearest place of confinement shall be deemed guilty of an offense and, upon conviction thereof shall be sentenced to imprisonment for a period not to exceed ninety (90) days or to a fine not to exceed one hundred eighty dollars ($180.00), or to both such imprisonment and fine, with costs.


Sec. 6-33. ESCAPE.


Any person who, being in lawful custody for any offense, shall escape or attempt to escape or who shall permit or assist or attempt to permit or assist another person in escaping from lawful custody shall be deemed guilty of an offense and, upon conviction thereof shall be sentenced to imprisonment for a period not to exceed one year or by a fine not to exceed five thousand dollars ($5,000.00) and such sentence shall not be suspended.


Sec. 6-34. IMPERSONATION OF PEACE OFFICER OR COMMUNITY OFFICER.

A person who falsely impersonates a peace officer or any other appointed or elected officer of the community in either his private or official capacity, and in such assumed character receives money or property, knowing that it is intended to be delivered to the individual so impersonated, with intent to convert the money or property to his own use or that of another person, or to deprive the true owner thereof, or who in such assumed character does any other act whereby any benefit might accrue to the party impersonating or to any other person, shall be guilty of an offense and shall be punished by a fine not to exceed five hundred dollars ($500.00) and imprisonment not to exceed six (6) months or to both such fine and imprisonment, with costs.


Sec. 6-35. DUTY TO REPORT SUSPICIOUS DEATHS.


It shall be the duty of any person having direct knowledge of a death by foul play to report such death to the coroner or the police without delay. Any person who has direct knowledge of and fails to report such death, shall be deemed guilty of an offense and upon conviction shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine of not more than ninety dollars ($90.00), or both.


Sec. 6-36. VIOLENCE OR ASSAULT ON A COMMUNITY LAW ENFORCEMENT OFFICER OR JUDGE.

Any person who shall willfully or knowingly, by force or violence, render physical abuse or place a community law enforcement officer or judge or other officer of the Fort McDowell Tribal Courts in fear of imminent physical injury shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to a period of imprisonment not to exceed six (6) months which sentence shall not be suspended, or to a fine not to exceed five hundred dollars ($500.00) or to both such imprisonment and fine, with costs.


Sec. 6-37. OBSTRUCTING CRIMINAL INVESTIGATION OR PROSECUTION.


Any person who knowingly by means of bribery, misrepresentation, intimidation or force, or threats of force, attempts to obstruct, delay or prevent the communication of information or testimony to a violation of any criminal statute to a peace officer or prosecutor, or who knowingly injures another in his person or properly because such person gave or caused any other person to give any such information or testimony to a peace officer or prosecutor shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to imprisonment for a period not to exceed one year or to a fine not to exceed five thousand dollars ($5,000.00) or both such imprisonment and fine, with costs.


Sec. 6-38. FALSE REPORTING.

  1. A person commits false reporting by initiating or circulating a report of a bombing, fire, offense or other emergency knowing that such report is false and intending:

    1. That it will cause action of any sort by an official or volunteer agency organized to deal with emergencies; or,

    2. That it will place a person in fear of imminent serious physical injury; or,

    3. That it will prevent or interrupt the occupation of any building, room, place of assembly, public place or means of transportation.

  2. Any person convicted of false reporting shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.
(Sec. 6-38 amended Resolution No. Ft McD. 95-149, effective January 5, 1998.)


Sec. 6-39. FALSE REPORTING TO A LAW ENFORCEMENT AGENCY.
  1. It is unlawful for a person:

    1. To knowingly make to a law enforcement agency of this Community, or any employee of such agency, a false, fraudulent or unfounded report or statement; or,

    2. To knowingly misrepresent a fact to a law enforcement agency of this Community, or any employee of such agency, for the purpose of (A) interfering with the orderly operation of the law enforcement agency, or (B) misleading a peace officer.

  2. Any person convicted of false reporting to a law enforcement agency shall be sentenced to imprisonment for a period not to exceed thirty (30) days or to a fine not to exceed three hundred dollars ($300.00), or to both such imprisonment and fine, with costs.
(Sec. 6-40. Reserved.)


Sec. 6-41. CONTEMPT OF COURT.


Any person guilty of contempt of court of any of the following kinds is also guilty of an offense punishable by imprisonment for not more than thirty (30) days for each offense or by a fine not to exceed sixty dollars ($60.00) for each offense:
  1. Disorderly, contemptuous or insolent behavior committed during the sitting of a court of justice in immediate view and presence of the court and directly tending to interrupt its proceedings or to impair respect due to authority.

  2. Behavior of like character committed is the presence of a referee while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of a jury, while actually sitting during a trial of a cause or upon an inquest or other proceeding authorized by law.

  3. Any breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court.

  4. Willful disobedience of process or an order lawfully issued by a court.

  5. Resistance willfully offered to the lawful order or process of a court.

  6. The unlawful refusal to be sworn as a witness, or when so sworn, refusal to answer a material question.

  7. The publication of a false or grossly inaccurate report of proceedings of a court.


Sec. 6-42. DISOBEDIENCE TO LAWFUL ORDERS OF COURT.


Any person who shall willfully disobey an order, subpoena, warrant or command duly issued, made or given by the Fort McDowell Tribal Courts or any officer thereof or disobey any signs posted around the community jail shall be deemed guilty of an offense and upon conviction thereof; shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed one hundred twenty dollars ($120.00), or to both such imprisonment and fine with costs.


Sec. 6-43. DESTROYING EVIDENCE.


Any person who shall willfully or knowingly destroy any evidence that could be used in the trial of a case with the intent to prevent same from being used is guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed ninety (90) days or to a fine not to exceed three hundred sixty dollars ($360.00), or to both such imprisonment and fine, with costs.


Sec. 6-44. PERJURY.


Any person who shall willfully or deliberately, in any judicial proceeding in any court of the Fort McDowell Mohave-Apache Indian Community, falsely swear or interpret, or shall make a sworn statement or affidavit knowing the same to be untrue, or shall induce or produce another person to do so, shall be deemed guilty of perjury, and upon conviction thereof; shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

(Sec. 6-45 - 6-50. Reserved)





ARTICLE III, OFFENSES AGAINST PERSONS.

DIVISION I. GENERALLY

 

Sec. 6-51. ASSAULT.
  1. A person commits assault by:

    1. intentionally, knowingly or recklessly causing any physical injury to another person; or,

    2. intentionally placing another person in reasonable fear of imminent physical injury by some action or conduct; or,

    3. knowingly touching another person with the intent to injure, insult or provoke such person.

  2. Any person convicted of assault shall be sentenced to imprisonment for a period not to exceed two hundred seventy (270) days or to a fine not to exceed three thousand dollars ($3,000.00) or to both such imprisonment and fine, with costs.
(Former Sec. 6-51 repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-52. AGGRAVATED ASSAULT.
  1. A person commits aggravated assault if such person commits assault as defined in Sec. 6-51 under any of the following circumstances:

    1. if such person causes serious physical injury to another.

    2. if such person uses a deadly weapon or dangerous instrument.

    3. if such person is eighteen (18) years of age or more and commits the assault upon a minor the age of fifteen (15) years or under.

    4. if such person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to effectively resist is substantially impaired.

  2. Any person convicted of aggravated assault shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.
(Former Sec. 6-52- repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec.6-53. ENDANGERMENT.
  1. A person commits endangerment by reckless engaging in any conduct which places another person at substantial risk of imminent death or physical injury.

  2. Any person convicted of endangerment shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or to a fine not to exceed two thousand five hundreddollars ($2,500.00), or to both such imprisonment and fine, with costs.
(Sec. 6-53 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-54 THREATENING OR INTIMIDATING.
  1. A person commits threatening if such persons, with the intent to terrify or in reckless disregard of the risk of terrifying, threatens by word or conduct to cause physical injury to another person or serious damage to property of another where the ability to immediately cause such injury or damage reasonably exists.

  2. A person commits intimidating if such person threatens by word or conduct to cause physical injury to another person or damage to the property of another with the intent to induce another to do an act against his or her will or to refrain from doing a lawful act.

  3. Any person convicted of threatening or intimidating shall be sentenced to imprisonment for a period not to exceed ninety (90) days or to a fine not to exceed one thousand dollars ($1,000.00), or to both such imprisonment and fine, with costs.
(Sec. 6-54 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-55. HOMICIDE.
  1. A person commits homicide by intentionally, knowingly or recklessly causing the death of another.

  2. A person convicted of homicide shall be sentences to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.
(Sec. 6-55 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-56. HARASSMENT.
  1. A person commits harassment if, with the 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 a series of acts that harasses another person.

  2. For the 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 and which serves no legitimate purpose.

  3. Any person convicted of harassment shall be sentenced to imprisonment for a period not to exceed one hundred twenty (120) days or to a fine not to exceed four hundred dollars ($400.00), or both such imprisonment and fine, with costs.
(Sec. 6-56 added by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)


Sec. 6-57. USE OF TELEPHONE TO COMMIT OFFENSE.
  1. It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone and:

    1. use any obscene, lewd or profane language.

    2. suggest any lewd or lascivious act.

    3. threaten to inflict injury or physical harm to the person or property of any person.

  2. It shall be unlawful for any person to disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any person at the place where the telephone calls were received.

  3. The use of obscene, lewd or profane language or the making of a threat or statement as set forth in subsection (a) of this section shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.

  4. Any offense committed by use of a telephone as set forth in this section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

  5. Any person convicted of use of a telephone to commit an offense shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

Sec. 6-58. STALKING.
  1. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person if that conduct either:

    1. would cause a reasonable person to fear for that person's safety or the safety of that person's immediate family and that person in fact fears for their safety or the safety of that person's immediate family.

    2. would cause a reasonable person to fear imminent physical injury or death to that person or that person's immediate family and that person in fact fears imminent physical injury or death to that person or that person's immediate family.

  2. Any person convicted of stalking shall be sentenced to imprisonment for a period not to exceed two hundred seventy (270) days or to a fine not to exceed seven hundred fifty dollars ($750.00), or to both such imprisonment and fine, with costs.

  3. For the purposes of this section:

    1. "course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal or written 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 activity protected under the Indian Civil Rights Act, 25 U.S.C. § 1302.

    2. "immediate family" 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.
(Sec. 6-58 added by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)

(Sec. 6-59 - 6-60. Reserved.)




DIVISION 2. SEXUAL OFFENSES

Sec. 6-61. DEFINITIONS.

In this chapter, unless the context otherwise requires:
  1. "minor" means any person who has not attained the age of eighteen (18) years.

  2. "oral sexual contact" means oral contact with the penis, vulva, anus or female breast.

  3. "sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast.

  4. "sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object, or manual masturbatory contact with the penis or vulva.

  5. "without consent" includes any of the following:

    1. the victim is coerced by the imminent or immediate use or threatened use of force against a person or property; or

    2. the victim is incapable of consent by reason of mental disorder, drugs, alcohol, sleep or any other similar impairment of awareness and such conditions known or reasonably should have been known to defendant; or

    3. the victim is intentionally deceived as to the nature of the act.
(Former Sec. 6-61 repealed, current text added by Resolution No. Ft McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-62. PROSTITUTION.


Any person who shall practice prostitution or procure a prostitute or prostitutes or who shall knowingly keep, maintain, rent or lease any house, room, tent, vehicle or other place for the purpose of prostitution shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed one thousand dollars ($1,000.00) or to both such imprisonment and fine, with costs.


Sec. 6-63. SEXUAL ABUSE.
  1. A person commits sexual abuse by knowingly or intentionally engaging in sexual contact with any person not his lawful spouse and without consent of that person.

  2. Any person convicted of sexual abuse shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.
(Sec. 6-63 added by Resolution No. Ft McD. 95-l49, effective Nov. 28, 1995.)


Sec. 6-64. SEXUAL ASSAULT.
  1. A person commits sexual assault by knowingly or intentionally engaging in sexual intercourse or oral sexual contact with any person not his lawful spouse and without consent of that person.

  2. Any person convicted of sexual assault shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.
(Sec. 6-64 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-65. SEXUAL ASSAULT OF A SPOUSE.
  1. A person commits sexual assault of a spouse by knowingly or intentionally engaging in sexual intercourse or oral sexual contact with a spouse without consent of the spouse by the immediate, imminent or threatened use of force against the spouse or another.

  2. Any person convicted of sexual assault of a spouse shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.
(Sec. 6-65 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-66. MOLESTATION OF A CHILD.
  1. A person commits molestation of a child by knowingly engaging in sexual contact with a minor under the age of fifteen (15) years, or knowingly causing a minor under the age of fifteen (15) years to directly or indirectly fondle or manipulate any part of the genitals, anus or female breasts of such person or another.

  2. Any person convicted of molestation of a child shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.

  3. The provisions of subsection (b) of this section and Chapter 8 of this Code notwithstanding, a person convicted of a second or subsequent violation of this section shall be sentenced to a mandatory period of imprisonment of one (1) year with no possibility of probation, parole, work release, early release (2 for 1), or trustee status.
(Former Sec. 6-66 repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-67. SEXUAL ABUSE OF A MINOR.
  1. A person commits sexual abuse of a minor by knowingly or intentionally engaging in sexual contact with a minor fifteen (15) years of age or older not his lawful spouse and without consent of the minor.

  2. Any person convicted of sexual abuse of a minor shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.

  3. The provisions of subsection (b) of this section and Chapter 8 of this Code notwithstanding, a person convicted of a second or subsequent violation of this section shall be sentenced to a mandatory period of imprisonment of one (1) year with no possibility of probation, parole, work release, early release (2 for 1), or trustee status.
(Former Sec. 6-67 repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-68. SEXUAL CONDUCT WITH A MINOR.
  1. A person commits sexual conduct with a minor by knowingly or intentionally engaging in sexual intercourse or oral sexual contact with any person not his spouse who is under the age of eighteen (18) years.

  2. Any person convicted of sexual conduct with a minor shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.

  3. The provisions of subsection (b) of this section and Chapter 8 of this Code notwithstanding, a person convicted of a second or subsequent violation of this section shall be sentenced to a mandatory period of imprisonment of one (1) year with no possibility of probation, parole, work release, early release (2 for 1), or trustee status.
(Former Sec. 6-68 repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-69. INCEST.
  1. A person commits the act of incest by engaging in sexual contact or sexual intercourse with another person who is related to said person within the degree of consanguinity wherein marriage is prohibited by law or custom.

  2. Any person convicted of incest shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.
(Sec. 6-69 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-70. UNNATURAL SEX ACTS.
  1. A person commits unnatural sex acts by engaging in an act of sodomy, oral copulation or any other unnatural sex act without consent of the other person, or engaging in an act of bestiality.

  2. Any person convicted of unnatural sex acts shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.
(Sec 6-70 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-71. ATTEMPT.
  1. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, he does anything which is a substantial step in a course of conduct planned to culminate in the commission of a violation of Secs. 6-62 through 6-70 (inclusive) of this chapter.

  2. Any person convicted of attempt pursuant to subsection (a) of this section shall be sentenced to a maximum of three-fourths (3/4) of the maximum penalty prescribed for a conviction of the section allegedly attempted, except as otherwise provided in Secs. 6-66(c), 6-67(c), and 6-68(c) of this Code.
(Sec. 6-71 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-72. ADMISSIBILITY OF EVIDENCE OF PRIOR SEXUAL CONDUCT.


Opinion and reputation evidence of the victim's prior sexual conduct shall not be admitted in a prosecution under this Code. Evidence of specific instances of the victim's history of sexual activity shall be admissible in a prosecution under this Code only to the extent that the following proposed evidence is material to a fact at issue:
  1. Evidence establishing the victim's past sexual behavior with the defendant; or,

  2. Evidence which directly refutes physical or scientific evidence; or,

  3. Evidence that the victim was previously a victim of unlawful and non-consensual sexual intercourse, but only for the purpose of establishing or explaining physical or scientific evidence; or,

  4. Evidence that the victim previously has been convicted of a violation of Sec 6-62 of this chapter.
(Sec. 6-72 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-73. DEFENSES.
  1. It is a defense to a prosecution pursuant to Secs. 6-63, 6-66 or 6-67 of this chapter if the act was done in furtherance of lawful medical practice, or if the act was done by a duly licensed physician or registered nurse or a person acting under his or her direction, or any other person who renders emergency care at the scene of an emergency occurrence, and consisting of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in any emergency when the duly licensed physician or registered nurse or a person acting under his or her direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and to which a reasonable person, wishing to safeguard the welfare of the patient, would consent.

  2. It is a defense to a prosecution pursuant to Sec. 6-68 if, at the time the defendant engaged in the conduct constituting the offense, the defendant did not know and could not reasonably have known the age of the victim.

  3. It is a defense to a prosecution pursuant to Sees. 6-67 and 6-68 if both the defendant and the victim are of the age of sixteen (16) or seventeen (17) years and the conduct was consensual.
(Sec. 6-73 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-74. INDECENT EXPOSURE.
  1. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act.

  2. Any person convicted of indecent exposure shall be sentenced to imprisonment for a period not to exceed thirty (30) days or to a fine not to exceed one hundred dollars ($100.00), or to both such imprisonment and fine, with costs.
(Sec. 6-74 added by Resolution No. Ft McD. 98-02, effective January 5, 1998.)

(Secs. 6-75 - 6-80. Reserved.)



ARTICLE IV. OFFENSES AGAINST MINORS AND DEPENDENTS.

DIVISION 1. GENERALLY

Sec. 6-81. CARE OF DEPENDANT PERSONS.

Every person who shall, because of intemperance, gambling or for any other reason, refuse or neglect to furnish food, shelter or care to those dependent upon him or her shall be deemed guilty of an offense and upon conviction thereof shall be punished by imprisonment for a period not to exceed six (6) months; or in lieu of imprisonment, said person may be ordered to pay a specified amount to the party taking care of the dependents. Whenever the community court shall have ordered such payment and defendant fails to make such payment, a warrant shall be issued for violation of this section and section 6-42; and when a defendant has sufficient funds to his credit at the agency office to pay all or part of the payment the superintendent shall certify to the secretary of the interior the record of the case and the amount of the available funds. If the secretary so directs, the disbursing agent shall pay over to the person who has charge of said dependents the amount specified by the court.


Sec. 6-82. PERMITTING CHILD'S LIFE, HEALTH OR MORALS TO BE IMPERILED.


Any person having the custody of any child who shall willfully cause or permit the life of such child to be endangered or his or her health to be injured or his or her moral welfare to be imperiled, by neglect, abuse or immoral associates, shall be guilty of an offense and, upon conviction hereof, shall be sentenced to imprisonment for a period not to exceed one year or to a fine not to exceed five thousand dollars ($5,000.00), or both such imprisonment and fine, with costs.


Sec. 6-83. CONTRIBUTING TO THE DELINQUENCY AND DEPENDENCY OF A MINOR
  1. Any person who by any act causes, encourages or contributes to the dependency or delinquency of a child as defined by section 11 - 11 or who for any cause is responsible therefor may be found guilty of such offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months, or to a fine not to exceed one hundred eighty dollars ($180.00), or to both such fine and imprisonment, with costs.

  2. When the charge concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when the charge concerns the delinquency of a child or children, the offense for convenience may be termed contributory delinquency.

  3. In order to find a person guilty of violating the provisions of this section, it is not necessary to prove that the child has actually become dependent or delinquent if it appears from the evidence that through any act, neglect or omission of duty or by any improper act or conduct on the part of such person, the dependency or delinquency of a child may have been caused or merely encouraged.

Sec. 6-84. SELLING TOBACCO, PAPER OR WRAPPERS TO MINORS.


Any person who intentionally sells, exchanges, barters, disposes of or gives away to any person under the age of sixteen (16) years any tobacco or cigarette paper or wrapper prepared or designed to be used for filling with tobacco shall be guilty of an offense and upon conviction thereof, shall be punished by a fine not more than one hundred dollars ($100.00).


Sec. 6-85. CUSTODIAL INTERFERENCE.


A person commits custodial interference if, knowing or having reason to know that he has not legal tight to do so, such person knowingly takes, entices, or keeps from lawful custody any child less than eighteen (18) years of age or incompetent entrusted by authority of law to the custody of another person or institution, and, if convicted of committing such act or acts, shall be guilty of an offense and shall be sentenced to a period of imprisonment not to exceed six (b) months or to a fine not to exceed five hundred dollars ($500.00) or to both such imprisonment and fine, with costs.



DIVISION 2. SEXUAL CONTACT WITH CHILDREN.

(Secs. 6-86 - 6-90.2. Reserved.)

(Former Secs. 6-86 - 6-90.2 repealed by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)



ARTICLE V. OFFENSES AGAINST PROPERTY.
DIVISION 1. GENERALLY

(Sec. 6-91. Reserved.)

Sec. 6-92. RECEIVING STOLEN PROPERTY.


Any person who shall receive or conceal, or aid in concealing or receiving any property, knowing the same to be stolen, embezzled or obtained by fraud, false pretense, robbery or burglary, shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine with costs.


Sec. 6-93. BRIBERY.
  1. Generally. Any person who shall give or offer to give any money, property or service or anything else of value to another person with corrupt intent to influence another in the discharge of his public duties or conduct, and any person who shall accept, solicit or attempt to solicit any bribe, as above defined, shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or both such imprisonment and fine, with costs.

  2. Threats by public officers. Any public officer of the community who shall threaten any member of the judicial or law enforcement agency with dismissal or other loss of position shall, upon conviction thereof, be punished by imprisonment not to exceed six (6) months or a fine not to exceed five hundred dollars ($500.00) or both such imprisonment and fine with costs.

  3. Tribal officers. Any person who holds any tribal office who is convicted under this section shall be removed under Article VI, section 1 of the constitution and bylaws of the Fort McDowell Mohave-Apache Indian Community.


Sec. 6-94. CHEATS AND FRAUDS.

Any person who, with intent to cheat and defraud, obtains or attempts to obtain from any other person, money, property or a valuable thing, by means or by use of any false or bogus check or by any other printed, written or engraved instrument, or spurious coin or metal, or attempts to obtain money, property or valuable consideration by means or by use of any trick or deception, false or fraudulent representation, statement or pretense, or by any other means shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00) or both such imprisonment and fine, with costs.


Sec. 6-95. EXTORTION.


Any person who shall knowingly by making false charges against another person or by any other means whatsoever extort any money, goods, property or anything else of any value shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.


Sec. 6-96. FORGERY.

Any person who shall falsely sign, execute or alter any written instrument, with intent to defraud, shall be deemed guilty of forgery and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.


Sec. 6-97. EMBEZZLEMENT.


Any person who shall, having lawful custody of property not his own, appropriate the same to his use with intent to deprive the owner thereof shall be deemed guilty of embezzlement and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.


Sec. 6-98. DISPOSING OF PROPERTY OF AN ESTATE.


Any person who, without proper authority, sells, trades or otherwise disposes of any property of an estate before determination of the heirs shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine. The person convicted under this section shall also be required to reimburse the estate for the amount or value of the property disposed of.

(Secs. 6-99 - 6-100. Reserved.)



DIVISION 2. REAL OR TANGIBLE PROPERTY.

Sec. 6-101. INJURY TO PUBLIC PROPERTY.

Any person who shall without proper authority use or injure any public, government or community property shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine with costs.


Sec. 6-102. MALICIOUS MISCHIEF.


Any person who shall maliciously disturb, injure or destroy any livestock or other domestic animal or other property shall be deemed guilty of malicious mischief and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed one year or to a fine not to exceed five thousand dollars ($5,000.00) or to both such imprisonment and fine, with costs. Restitution of damages may be ordered by the Yavapai Community Court.


Sec. 6-103. BREAKING AND ENTERING.


Any person who shall enter any building, motor vehicle, trailer or a fenced or enclosed yard, without first having obtained the permission of the owner, shall be deemed guilty of an offense and, upon conviction thereof shall be punished by imprisonment for a period not to exceed one year or a fine not to exceed five thousand dollars ($5,000.00), or both such fine and imprisonment, with costs.


Sec. 6-104. THEFT.

Any person who shall take the property of another with the intent to steal or who without lawful authority controls property of another with the intent to deprive him of such property or converts for an unauthorized term or use or uses services or property of another entrusted to such person or placed in such person's possession for a limited authorized term or use or obtains property or services of another by means of any material misrepresentation with intent to deprive him of such property or services or who obtain services known to such person to be available only for compensation without paying or an agreement to pay such compensation shall be deemed guilty of theft and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.


Sec. 6-104.01. JOYRIDING.

  1. A person commits joyriding if, without intent to permanently deprive, such person intentionally or knowingly takes control of another's means of transportation.

  2. Any person convicted of joyriding shall be sentenced to imprisonment for a period not to exceed one hundred twenty (120) days or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.
(Sec. 6-l04-01 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-105. CUTTING FENCE.

Any person who shall willfully cut a fence of another person or community fenceline shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed thirty (30) days or to a fine of fifty dollars ($50.00), plus costs.


Sec. 6-106. CUTTING TIMBER WITHOUT PERMIT.

Any person who is not a community member who cuts, digs up or removes any timber or vegetation for any purpose without a proper permit or who defaces vegetation shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed ninety (90) days or to a fine not to exceed three hundred sixty dollars ($360.00), or to both such imprisonment and fine, with costs.


Sec. 6-107. MISBRANDING.


Any person who shall knowingly or willfully misbrand or alter any brand or mark on any livestock of another person shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.


Sec. 6-108. NEGLIGENT HANDLING OF CAMPFIRE AND/OR NEGLIGENT STARTING OF A FIRE.


Any person who builds a campfire upon the lands of the Fort McDowell Yavapai Indian Community without clearing the ground immediately around it free from material which may carry fire, or who leaves thereon a campfire burning and unattended, or who permits a campfire to spread thereon, or who by throwing away a lighted cigar, cigarette or match or by use of firearms, or in any other manner starts a fire in a forest, or in any other area on the Fort McDowell Yavapai Indian Community and leaves the, fire unquenched shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed fifty (50) days or to a fine not to exceed one hundred dollars ($100 00), or to both such imprisonment and fine, with costs and restitution of damages.


Sec. 6-108.01. RECKLESS BURNING.
  1. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to any structure or property.

  2. Any person convicted of reckless burning shall be sentenced to:

    1. imprisonment for a period not to exceed one hundred eighty (180) days;

    2. a fine not to exceed two thousand dollars ($2,000.00);

    3. restitution to any property owner for the value of any damaged structure or property;

    4. payment or reimbursement to the Community or any agency, service provider or other entity for any or all costs associated with or incurred in the containment, control or extinguishment of a fire;

    5. reimbursement to the Community for costs associated with the investigation and/or prosecution of the offense; or,

    6. any combination of the penalties provided in subsections (b)(1)--(b)(5) above.
(Sec. 6-108.01 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, l995.)


Sec. 6-108.02. NEGLIGENT BURNING.
  1. A person commits negligent burning by negligently causing a fire or explosion which results in damage to any structure or property.

  2. Any person convicted of negligent burning shall be sentenced to:

    1. imprisonment for a period not to exceed ninety (90) days;

    2. a fine not to exceed five hundred dollars ($500.00);

    3. restitution to any property owner for the value of any damaged structure or property;

    4. payment or reimbursement to the Community or any agency, service provider or other entity for any or all costs associated with or incurred in the containment, control or extinguishment of a fire,

    5. reimbursement to the Community for costs associated with the investigation and/or prosecution of the offense; or,

    6. any combination of the penalties provided in subsections (b)(1)--(b)(5) above.
(Sec. 6-108.02 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec.6-108.03. ARSON.
  1. A person commits arson by knowingly or intentionally causing a fire or explosion which results in damage to any structure or property.

  2. Any person convicted of arson shall be sentenced to:

    1. imprisonment for a period not to exceed one (1) year;

    2. a fine not to exceed five thousand dollars ($5,000.00);

    3. restitution to any property owner for the value of any damaged structure or property;

    4. payment or reimbursement to the Community or any agency, service provider or other entity for any or all costs associated with or incurred in the containment, control or extinguishment of a fire;

    5. reimbursement to the Community for costs associated with the investigation and/or prosecution of the offense; or,

    6. any combination of the penalties provided in subsections (b)(1)--(b)(5) above.
(Sec. 6-108.02 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-108.04. CAUSING A BRUSH FIRE.

  1. A person commits causing a brush fire by knowingly, intentionally, recklessly or negligently causing a brush fire which burns within the exterior boundaries of the Fort McDowell Indian Reservation without lawful authority or justification.

  2. As used in this section, "brush fire" means an uncontrolled fire in an area of cactus, bushes, shrubs, brush, thickets, chaparral, desert scrub, rangeland, or any combination thereof without regard to the presence or proximity of any commercial, industrial, storage, livestock, recreational or residential structures.

  3. Any person convicted of causing a brush fire shall be sentenced to:

    1. imprisonment for a period not to exceed one (1) year,

    2. a fine not to exceed five thousand dollars ($5,000.00),

    3. restitution to any property owner for the value of any damaged structure or property,

    4. payment or reimbursement to the Community or any agency, service provider or other entity for any or all costs associated with or incurred in the containment, control or extinguishment of a fire;

    5. reimbursement to the Community for costs associated with the investigation and/or prosecution of the offense; or,

    6. any combination of the penalties provided in subsections (c)(1)--(c)(5) above.
(Sec. 6-108.04 added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-109. SHORT-HANDLED HOES.
  1. The use of a hoe with a handle less than four (4) feet in length for weeding or thinning crops on farms within the Fort McDowell Yavapai Indian Community is prohibited. This prohibition does not apply to use of hoes in nursery or greenhouse operations.

  2. Any employer who requires the use of a hoe prohibited by this section shall be in violation of the terms of this section.
(Sec. 6-110. Reserved.)



DIVISION 3. TRESPASS

Sec. 6-111. TRESPASS.
  1. A person commits trespass by knowingly entering or remaining upon Community land, leased land, or assigned land within the Fort McDowell Indian Reservation:

    1. without the consent or permission of the lessee, assignee or his designate, the Community Council or its authorized representative, or other person in lawful possession thereof; or,

    2. after a reasonable request to leave by an authorized Community official, the lessee or assignee or his designate or other person in lawful possession thereof; or,

    3. after reasonable notice prohibiting entry.

  2. As used in this section, "assigned land" means any Community land for which a life estate, an estate for years, or other possessory interest has been assigned to any person by the Community Council, any authorized subordinate entity of the Community Council, or the Fort McDowell Housing Authority.

  3. Any person convicted of trespass shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.
(Former Sec. 6-111 repealed, current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-112. POLICY OF COMMUNITY.

  1. It is the policy of the Fort McDowell Yavapai Indian Community that owners of the land be compensated for damage caused to their land by individuals riding vehicles over their land without permission, and that such vehicles so used be held as security for the payment of such compensation.

  2. It is the policy of the Fort McDowell Yavapai Indian Community that owners of the land be compensated for damage caused by illegal dumping on their land.

  3. Any trespass onto land within the Fort McDowell Yavapai Indian Community causes damage to such land or the owner's interest in it and is compensable. Tic amount of damages shall be the only issue after liability shall have been determined.

Sec. 6-113. UNLAWFUL DUMPING OR BURNING.
  1. Except as may otherwise be permitted by Chapter 23, it is expressly prohibited and shall be unlawful for any person to:

    1. Intentionally or recklessly dump, scatter, store, place or cause to be dumped, scattered or placed, any solid waste or hazardous waste, except in designated receptacles or areas provided for this sole purposes, within the exterior boundaries of the Reservation.

    2. Intentionally or recklessly burn or cause to be burned any solid waste or hazardous waste anywhere except in designated receptacles or areas within the exterior boundaries of the Reservation;

    3. Intentionally scavenge as defined in Section 23-10 of this code.

  2. All terms shall have the same meaning as defined in Section 23-5 and 23-51 of this Code.

  3. Any Indian convicted of a violation of subsection (a) of this section shall be sentenced to a mandatory fine of not less than fifty dollars ($50.00) nor more than ten thousand dollars ($10,000.00), a term or imprisonment not to exceed one year, or both such fine and imprisonment.

  4. Any person not otherwise subject to the criminal jurisdiction of the Fort McDowell Yavapai Nation who engages in any conduct or activity in violation of subsection (a) of this section shall be subject to liability for civil trespass pursuant to Chapter 7.5 and for a civil violation under Section 23-12 or Section 23-55 of this code.

  5. Any penalties, fines or damages imposed under this section are in addition to and do not supersede, preclude, or otherwise limit any other remedies which may be available in law or equity, including injunctive relief, and not preclude the Nation from prosecuting, causing to be prosecuted, or assisting in the prosecution of any other civil, criminal or administrative action in any other forum of competent jurisdiction against any person.
[Former Sec. 6-113 repealed, current text added by Resolution No. Ft. McD. 2000-146, effective Dec. 13, 2000.)


Sec. 6-114. USE OF OFF-THE-ROAD VEHICLES PROHIBITED WITHOUT LICENSE AND LANDOWNER'S PERMISSION.

It shall be unlawful for any person to drive any motor vehicle off of public or private roads or road shoulders within the Fort McDowell Yavapai Indian Community without first obtaining a license for use off the road for said vehicle from the chief of the department of public safety and without obtaining the written permission of the landowners to ride over and on their land.


Sec. 6-115. POLICE OFFICER TO SEIZE VEHICLE.


Any peace officer who has observed a vehicle unlawfully riding upon the lands of the Fort McDowell Yavapai Indian Community or who has observed a vehicle used in illegal dumping within the Fort McDowell Yavapai Indian Community or has observed a vehicle used in the exploration or excavation of sites in violation of the antiquities ordinance [Chapter 19] within the Fort McDowell Yavapai Indian Community is authorized to seize the vehicle as security for payment of damages.


Sec. 6-116. POLICE OFFICER TO FILE NOTICE OF SEIZURE.


A peace officer who seizes a vehicle under the provisions of this section shall file a notice of seizure and a complaint to determine damages on behalf of the landowners of any land alleged to be damaged by the use of the seized vehicle with the clerk of the community court and the clerk shall serve notice thereon on all owners of the vehicle, by one of the following methods:
  1. Upon an owner or claimant whose right, title or interest is of record in the division of motor vehicles of the state in which the automobile is licensed, by mailing a copy of the notice by registered mail to the address on the records of the division of motor vehicles of said state.

  2. Upon an owner or claimant whose name and address are known, by mailing a copy of the notice by registered mail to his last known address.

  3. Upon an owner or claimant, whose address is unknown but who is believed to have an interest in the vehicle by publication in one issue of a newspaper of general circulation in Maricopa County, Arizona.

Sec. 6-117. OWNER'S ANSWER TO NOTICE.


Within twenty (20) days after the mailing or publication of a notice, as provided by section 6-116, the owner of the seized vehicle may file a verified answer to the allegation of the use of the vehicle contained in the notice and of the complaint. No extension of time shall be granted for the purpose of filing the answer.


Sec. 6-118. PROCEDURE FOR HEARING.
  1. If a verified answer to the notice and complaint given as prescribed by this section is not filed within twenty (20) days after the mailing or publication thereof, the court shall hear evidence upon the charge of unlawful use of the vehicle, the amount of damages to the land or the owner's interest in it and upon motion shall order the vehicle sold to pay such damages, subject to the provisions of subsection (d) hereof.

  2. If a verified answer is filed, the proceedings shall be set for a hearing on a day not less than thirty (30) days after the answer if filed, and the proceedings shall have priority over other civil cases. Notice of the hearing shall be given to the respondent by ordinary mail at the respondent's address as set out in respondent's answer.

  3. At the hearing any owner or claimant who has a verified answer on file may show competent evidence that the vehicle was not used unlawfully by an occupant of the vehicle, and may present competent evidence to mitigate the claim of damages.

  4. A claimant of any right, title or interest in the vehicle may prove his lien, mortgage or conditional sales contract to be bona fide, and that his right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the purchaser, and without knowledge that the vehicle was being, or was to be used for the purpose charged; but no person who has the lien dependent upon possession for the compensation to which he is legally entitled for making repairs or performing labor upon and furnishing supplies and materials for, and for the storage, repairs, safekeeping of any vehicle, and no person doing business under any law of any state or the United States relating to banks, trust companies, building and loan associations, and loan companies, credit unions or licensed pawnbrokers or money lenders or regularly engaged in the business of selling vehicles or purchasing conditional sales contracts on vehicles shall be required to prove that his right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the owner, purchaser, or person in possession of the vehicle when it was brought to the claimant.

Sec. 6-119. JUDGMENT.
  1. The judgment shall determine whether the vehicle was used unlawfully and if it was so used, what damages, if any, were sustained by the use of the vehicle on lands within the Fort McDowell Yavapai Indian Community. The court shall also determine whether the interest in the vehicle belonging to any lien holder, mortgagee or vendor is equal to or in excess of the value of the vehicle at the date of seizure, the vehicle shall be released to said lien holder, mortgagee or vendor, it being the purpose of this section to use as security only the right, title or interest of the owner of the vehicle.

  2. If the court determines that the vehicle was used illegally and that there are damages and that there is value in excess of that belonging to a lien holder, mortgagee or vendor, then the court shall order the chief of the department of public safety to cause the vehicle to be sold at public auction and to pay out of the proceeds of said sale first the cost of said sale, second the interest of any lien holder, mortgagee, or vendor in said vehicle, third compensation for the damages done, and fourth any balance to the titled owner of the vehicle.
(Sec. 6-120. Reserved.)



ARTICLE VI. ALCOHOL AND DRUG-RELATED OFFENSES.

Sec. 6-121. POSSESSION OR USE OF CONTROLLED SUBSTANCES.

[For list, see 21 USCA Sec. 812, Schedule I or access this section of the U.S. Code through the Legal Information Institute at Cornell University (http://www4.law.cornell.edu/uscode/21/812.html).]
  1. Prohibited generally. It shall be unlawful for any person to possess, have under his control, dispense, use, transport, carry, sell, give away, prepare for sale, furnish, administer, or offer to sell, furnish, administer or give away any controlled substance except as pursuant to this section.

  2. Prescription drugs exempt. This section shall not apply to persons who:

    1. possess, have under their control, or transport controlled substances pursuant to a prescription issued to that person by a licensed physician, osteopath, physician assistant, nurse practitioner, dentist, or veterinarian.

    2. use a controlled substance under the supervision of and pursuant to a prescription issued to that person by a licensed physician, osteopath, physician assistant, nurse practitioner, or dentist, provided that the controlled substance is used as prescribed, as may be determined by analysis of the person's blood, urine or other bodily fluids, which analysis quantifies the amount of the controlled substance in the person's system, and which quantified amount is within the range of medically accepted levels for the effective use of the controlled substance for that person.

  3. Certain professionals exempt. This section will not apply to licensed manufacturers, wholesalers, pharmacists, physicians, physician assistants, nurse practitioners, osteopaths, dentists, or veterinarians who have under their control, dispense, transport, sell, prepare for sale, furnish, administer, or offer to do the same, any controlled substance prohibited by this section while acting within the scope of their profession, in good faith, and in accordance with generally accepted medical standards (where applicable), provided such acts are consistent with and not in violation of any law or regulation of the United States.

  4. Law enforcement exemption. This section shall not apply to duly commissioned law enforcement officials and other authorized employees of any tribal, state, or federal law enforcement agency while performing required functions within the scope of their official duties.

  5. Penalties. Any person convicted of possession or use of controlled substances shall be sentenced to imprisonment for a period not to exceed one (1) year or to a fine not to exceed five thousand dollars ($5,000.00), or to both such imprisonment and fine, with costs.

  6. Controlled substances defined. As used in this article, "controlled substances" means any substance listed in Schedules I, II, III, IV, and V of Title 21, United States Code, Section 812.

  7. Defense regarding peyote. In a prosecution for violation of this section with regard to peyote, it is a defense that the peyote is being used or is intended for use:

    1. in connection with the bona fide practice of a religious belief; and

    2. as an integral part of a religious exercise; and

    3. in a manner not dangerous to public health, safety or morals.

(Former Sec. 6-121 repealed and current Sec. 6-121 enacted by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)


Sec. 6-122. SEIZURE OF VEHICLES USED IN CONTROLLED SUBSTANCES VIOLATIONS.

  1. Forfeiture of interest. The interest of the legal owner or owners of record of any vehicle used to transport unlawfully a controlled substance, or in which a controlled substance is unlawfully kept, deposited or concealed, or in which a controlled substance is unlawfully possessed by an occupant, shall be forfeited to the Fort McDowell Mohave-Apache Indian Community.

  2. Police officer to seize vehicle. Any peace officer making or attempting to make an arrest for a violation of this article shall seize the vehicle used to transport unlawfully a controlled substance, or in which a controlled substance is unlawfully kept, deposited or concealed, or unlawfully possessed by an occupant and shall immediately deliver the vehicle to the tribal police chief, to be held as evidence until forfeiture is declared or a release ordered.

  3. Police officer to file notice of seizure. A peace officer who seizes a vehicle under the provisions of this section shall file a notice of seizure and intention to institute forfeiture proceedings with the clerk of the community court and the clerk shall serve notice thereof on all owners of the vehicle, by one of the following methods:

    1. upon an owner or claimant whose right, title or interest is of record ,in the division of motor vehicles of the state in which the automobile is licensed, by mailing a copy of the notice by registered mail to the address on the records of the division of motor vehicles of said state.

    2. upon an owner or claimant whose name and address arc known, by mailing a copy of the notice by registered mail to his last known address.

    3. upon an owner or claimant, whose address is unknown but who is believed to have an interest in the vehicle by publication in one issue of a newspaper of general circulation in Maricopa County, Arizona.

  4. Owner's answer to notice. Within twenty (20) days after mailing or publication of a notice of seizure, as provided by subsection (c) hereof, the owner of the seized vehicle may file a verified answer to the allegation of the use of the vehicle contained in the notice of seizure and of the intended forfeiture proceedings. No extension of time shall be granted for the purpose of filing the answer.

  5. Procedure for hearing:

    1. If a verified answer to the notice given as prescribed by this section is not filed within twenty (20) days after the mailing or publication thereof, the court shall hear evidence upon the charge of unlawful use of the vehicle, and upon motion shall order the vehicle forfeited to the Fort McDowell Yavapai Indian Community.

    2. If a verified answer is filed, the forfeiture proceedings shall be set for a hearing on a day not less than thirty (30) days after the answer is filed, and the proceedings shall have priority over other civil cases. Notice of the hearing shall be given in the manner provided for service of the notice of seizure.

    3. At the hearing any owner or claimant who has a verified answer on file may show by competent evidence that the vehicle was not used to transport controlled substances illegally, or that controlled substances were not unlawfully possessed by an occupant of the vehicle, nor the vehicle used as a depository or place of concealment for controlled substances.

    4. A claimant of any right, title or interest in the vehicle may prove his lien, mortgage or conditional sales contract to be bona fide, and that his right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the purchaser, and without knowledge that the vehicle was being, or was to be used for the purpose charged; but no person who has the lien dependent upon possession for the compensation to which is legally entitled for making repairs or performing labor upon and furnishing supplies and materials for, and for the storage, repairs, safekeeping of any vehicle, and no person doing business under any law of any state or the United States relating to banks, trust companies, building and loan associations, and loan companies, credit unions, or licensed pawnbrokers or money lenders or regularly engaged in the business of selling vehicles or purchasing conditional sales contracts on vehicles shall be required to prove that his right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the owner, purchaser, or person in possession of the vehicle when it was brought to the claimant.

  6. Judgment

    1. If proper proof is presented at the hearing, the court shall order the vehicle released to the bona fide owner, lien holder, mortgagee or vendor, if the amount due him is equal to or in excess of the value of the vehicle as of the date of seizure, it being the purpose of this section to forfeit only the right, title or interest of the purchaser.

    2. If the amount due a claimant or claimants is less than the value of the vehicle, the vehicle shall be sold at public auction by the tribal police chief after due and proper notice has been given.

    3. If no such claimant exists, and the confiscating agency wishes to retain the vehicle for its official use, it may do so. If such vehicle is not to be retained, it shall be disposed of as provided in subsection (2) of paragraph (f) of this section.
(Subsections (a), (b), and (e)(3) of Sec. 6-122 amended by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)


Sec. 6-123. UNLAWFUL USE OF VAPOR-RELEASING SUBSTANCES CONTAINING A TOXIC SUBSTANCE.
  1. It shall be unlawful for any person to knowingly breathe, inhale or drink a vapor releasing substance containing a toxic substance.

  2. Any person convicted of unlawful use of a vapor-releasing substance containing a toxic substance shall be sentenced to imprisonment for a period not to exceed thirty (30) days or to a fine not to exceed three hundred dollars ($300.00), or to both such imprisonment and fine, with costs.
(Sec. 6-123 added by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)


Sec. 6-124. POSSESSION, MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.
  1. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise; to introduce into the human body a controlled substance or the residue, smoke, vapor or fumes of a controlled substance in violation of this article.

  2. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or the residue, smoke, vapor or fumes of a controlled substance in violation of this article.

  3. Any person convicted of possession, manufacture or delivery of drug paraphernalia shall be sentenced to imprisonment for a period not to exceed sixty (60) days or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

  4. In determining whether an object is drug paraphernalia, a court shall consider, in addition to all other logically relevant factors, the following:

    1. statements by an owner or by anyone in control of the object concerning its use.

    2. the proximity of the object, in time and space, to a direct violation of this article.

    3. the proximity of the object to controlled substances.

    4. the existence of any residue of controlled substances on the object.

    5. direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this article.

    6. whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

    7. the existence and scope of legitimate uses for the object in the community.

    8. expert testimony concerning its use.

  5. In this section, unless the context otherwise requires, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or the residue, smoke, vapor or fumes of a controlled substance in violation of this article. It includes, but is not limited to:

    1. kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

    2. kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

    3. isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or from which a controlled substance can be derived.

    4. scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

    5. diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.

    6. separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

    7. blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

    8. capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

    9. containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

    10. syringes, hypodermic needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.

    11. objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing into the human body a controlled substance or the residue, smoke, vapors or fumes of a controlled substance, such as:

      1. metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

      2. water pipes.

      3. carburetion tubes and devices.

      4. smoking and carburetion masks.

      5. roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

      6. miniature cocaine spoons and cocaine vials.

      7. chamber pipes.

      8. carburetor pipes.

      9. electric pipes.

      10. air-driven pipes.

      11. chillums.

      12. bongs.

      13. ice pipes or chillers.
(Sec. 6-124 added by Resolution No. Ft. McD 98-02, effective January 5, 1998.)

(Sec. 6-125-129. Reserved.)



ARTICLE VII. WEAPONS AND EXPLOSIVES.

Sec. 6-130. POSSESSION OF FIREARMS OR EXPLOSIVE WEAPONS.
  1. Automatic firearms, explosive weapons prohibited. Any person who shall possess within the Fort McDowell Yavapai Indian Community any automatic firearm or any explosive weapon shall be deemed guilty of an offense, unless such firearm or weapon has been rendered permanently inoperable and its condition is certified by the department of public safety.

  2. Permit for single shot or semiautomatic firearms, inoperable firearms. The department of public safety may issue a permit authorizing the possession by persons within the Fort McDowell Yavapai Indian Community of single shot and semiautomatic firearms and firearms and weapons for which a certificate of inoperability has been issued.

  3. Regulations relating to permits. The department of public safety shall adopt regulations, approved by the community council, relating to the issuance of permits.

  4. Conditions on permit. Application for a permit shall be conditioned on the acceptance of the applicant of the jurisdiction of the Fort McDowell Tribal Court in any action for damages resulting from the possession by the applicant of a weapon.

  5. Possession without permit. Any person who shall possess within the Fort McDowell Yavapai Indian Community any firearm or weapon for which a permit has not been issued shall be deemed guilty of an offense, unless such firearm or weapon is being transported through the community and is unloaded and not readily accessible.

  6. Penalty. Any person violating any of the provisions of this section may be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00) or both such imprisonment and fine, with costs.

Sec. 6-131. DISCHARGE OF FIREARMS.


A person who discharges a firearm in a building, thereby endangering the life or person of another, or disturbing the peace of the persons inside the building or injuring, destroying or damaging any property therein, or who discharges a firearm in an inhabited area in such a way as to place persons or property in the vicinity in danger is guilty of an offense and, upon conviction thereof shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500 00) or to both such imprisonment and fine, with costs.


Sec. 6-132. MISUSE OF FIREARMS.

  1. A person commits misuse of firearms by:

    1. handling or discharging any firearm in a careless or reckless manner or with wanton disregard for the safety of property or human life; or,

    2. possessing or discharging any firearm while under the influence of alcohol, toxic vapors, marijuana or any drug or other substance identified or defined as a controlled substance under the provisions of Title 21, Chapter 13 of the United States Code, or and prescription drug not therapeutically prescribed to the user.

  2. Any person convicted of misuse of firearms shall be sentenced to imprisonment for a period not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or both such imprisonment and fine, with costs.
(Former Sec- 6-132 repealed current text added by Resolution No. Ft. McD. 95-149, effective Nov. 28, 1995.)


Sec. 6-133. CARRYING CONCEALED WEAPON.

    1. Any person who shall go about in a public place armed with a dangerous weapon concealed upon his person, which weapon can be used to inflict harm upon another person, shall be deemed guilty of an offense and, upon conviction thereof, shall be sentenced to imprisonment for a period not to exceed ninety (90) days or to a fine not to exceed three hundred sixty dollars ($360.00) or to both such imprisonment and fine with costs.

    2. A weapon is not a concealed weapon as used in this section if:

      1. it is carried in a belt holster, is wholly or partially visible, or is carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible.

      2. it is located in a closed trunk, luggage or glove compartment of a motor vehicle.

      3. a person has a permit signed by the department of law and order of the Yavapai Community Court and has the permit on his person.

Sec. 6-134. EXPLOSIVES.


Any person is guilty of a misdemeanor who:
  1. maliciously deposits or explodes, or who attempts to explode at, in, under or near any building, vessel, boat, railroad or any train or car, or any depot, stable, outhouse, theater, schoolhouse, church, dwelling house or any other place or structure where human beings usually inhabit, assemble, frequent or pass, or with intent to injure, intimidate or terrify a human being, or by means of which a human being is injured or endangered.

  2. keeps or stores dynamite, gun cotton, nitroglycerine or giant powder in greater quantities than twenty-five (25) pounds at one time, or blasting or gunpowder in greater quantities than fifty (50) pounds at one time, in or upon any building or premises within a distance of one-half mile of the exterior limits of a city or town, except in vessels, railroad cars or vehicles receiving and keeping them in the course of and for the purpose of transportation alone.

  3. keeps or stores percussion caps, gunpowder or other blasting powder, within a distance of one thousand (1,000) feet of a building or premises where hercules, dynamite, gun cotton, nitroglycerine or giant powder is kept stored.

  4. knowingly sells or has in his possession dynamite, nitroglycerine or other highly explosive materials, or transports them from point to point within the reservation without having plainly marked, in large letters, in a conspicuous place on the box or package containing such explosive material, the name and explosive character thereof, and without having marked plainly upon the wrapper of each stick of dynamite or other explosive material or package of fuses, the date of the manufacture thereof;

and, upon conviction thereof, shall be punished by imprisonment in the Fort McDowell Community Jail for a period not to exceed one year or by a fine not to exceed five thousand dollars ($5,000.00) or by both such imprisonment and fine, with costs.

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