San Ildefonso Pueblo Code
Received: 1996
TITLE VI - CRIMINAL OFFENSE
Sec. 13.1 - Abduction.
Any person who shall willfully take or detain another person against his/her will or takes, detains, or entices a child under eighteen (18) from custody of its parents or other lawful custodian, when he/she lacks lawful permission to do so, shall be guilty of the offense of abduction and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.2 - Abuse of Office.
Any person acting or purporting to act for the Pueblo in an official capacity, taking advantage of such official or purported capacity, knowing that his conduct is illegal and who shall subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of person or property rights or shall deny or impede another in the exercise or enjoyment of any right, privilege, power or immunity, shall be guilty of the offense of abuse of office, and upon conviction thereof, shall be sentenced to confinement for a period of not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.
Sec. 13.3 - Adulteration of Food or Drink.
Any person who shall knowingly manufacture, sell or keep or offer for sale any food, drug or drink, in the making of which any harmful or foreign substance is used, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.4 - Assault.
Any person who shall attempt to commit battery on another person or threaten bodily harm to another person through use of unlawful force or violence or verbal threats shall be guilty of assault and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace.
Sec. 13.5 - Battery.
Any person who shall willfully strike another person or otherwise intentionally inflict bodily injury on another person or who shall cause another to harm himself shall be guilty of battery and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs. In the discretion of the Court, such offenders may be required to pay any hospital and doctor bills for treatment of injuries as a result of the battery and support the victim's family during the victim's incapacity to work and to furnish a satisfactory bond to keep the peace.
Sec. 13.6 - Bigamy.
Any person who being married to another intentionally marries any other human shall be guilty of the offense of bigamy; provided, that no Indian shall be guilty thereof who believes that the prior spouse is dead or whose original spouse shall have been absent for seven (7) successive years, without being known to be living or, if the original marriage has been presumed to be dissolved, pronounced void or annulled by the decree of a Court of competent jurisdiction. Upon conviction thereof, such person shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $180.00 or both, with costs.
Sec. 13.7 - Breaking and Entering.
Any person who breaks into or attempts to break into any dwelling, vehicle, boat, or building of any nature or makes or attempts to make an unauthorized entry into any vehicle, boat, dwelling or any other structure, with the intent to commit any crime the rein, without the permission of the owner or custodian shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be required to make proper restitution by order of the Court.
Sec. 13.8 - Bribery.
Any person who shall give or offer to give any money, property, services or other gain or advantage to another human 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 guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and shall forfeit any public office hold in the Pueblo.
Sec. 13.9 - Carrying Concealed Weapon.
Any person who shall go about in public places armed with a dangerous weapon concealed upon his person unless he otherwise shall have a permit signed by the Governor and/or Judge, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $150.00 or both, with costs. Dangerous weapons within the meaning of the foregoing shall be construed to mean: Air gun, blow gun, explosive device, pistol, or other firearm, and any type of knife which the blade exceeds 3 inches, and any other instrument capable of lethal use, possessed under circumstances not appropriate for lawful use.
Sec. 13.10 - Child Abuse.
Any person who shall willfully or maliciously commit any acts of violence or abuse on any child, causing any harm or injury, under the age of eighteen (18), shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed $500.00 or both, with costs, and may be required to undergo such medical evaluation and treatment as may be ordered by the Court.
Sec. 13.11 - Contributing to the Delinquency of a Minor.
Any person who shall willfully, by an action or omission, willfully encourage or contribute to the delinquency of a child (under eighteen (18) years of age) as specified in the Children's Code, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.12 - Curfew.
Any minor who shall be or any person who shall permit his minor children or any minor children under his care to be, without good cause on the streets, highways or other public places on the Reservation between the hours of 10:00 P.M. to 6:00 A.M. for those under the age of eighteen (18) years, shall be guilty of the offense, except when attending ceremonial or religious affairs or fiestas, as determined by tribal traditions and customs, and upon conviction thereof, any adult shall be sentenced to confine confinement for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs. Any minor who shall be detained for violation of this Section shall be referred to the Children's Court.
Sec. 13.13 - Destruction of Evidence.
Any person who shall willfully and knowingly destroy or withhold any evidence that could be used in trial of a case with intent to prevent same from being used, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.
Sec. 13.14 - Disobedience to Lawful Order of the Court.
Any person who shall willfully disobey any order, subpoena, warrant or command duly issued, made or given by any Court or the Council or any Judge or Officer thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and ordered by the Court to comply with any lawful order.
Sec. 13.15 - Disorderly Conduct.
Any person who shall engage in fighting in a public place, or who uses abusive language and thereby intentionally creates a risk of assault, disturb or annoy any public or religious assembly, of appear in a public or private place in an intoxicated or disorderly condition or who shall engage in any other act of public indecency, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.16 - Disposing of Property of an Estate.
Any person who, without proper authority, takes, keeps, sells, trades or otherwise disposes of any property of any estate before the determination of the heirs of the property, through proper procedures, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and shall be required to return the property taken and make restitution as may be ordered by the Court.
Sec. 13.17 - Disposing of Trust or Restricted Property.
Any person who sells, trades, transfers or in any way disposes of any trust or restricted property, including livestock and increase therefrom, in violation of the Federal Government Regulations, ordinances, customs or traditions of the Pueblo of San Ildefonso, and without proper permit, shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $360.00 or both, with costs. Where an indebtedness exists by the offender to the Pueblo or the United States under a loan agreement, the Court may order such property, upon its recovery, sold and the proceeds applied on the indebtedness.
Sec. 13.18 - Distribution of Alcohol, Marijuana, Drugs to
Children.
Any person who shall sell or barter to give any alcoholic beverage, marijuana, drugs or any controlled substance as determined by the Courts to be harmful to any children under the age of eighteen (18) years including any edible foodstuffs containing materials harmful to a child shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.19 - Drawing or Uttering Instrument on Bank with
Funds or Credits.
Any person who shall for a present consideration make or utter or deliver any check, draft or order for payment of money upon depository, knowing at the time of such making, drawing, uttering, or delivery that the maker or drawer has no sufficient funds in or on credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine of not to exceed $200.00 or both, with costs, and may be required by order of the Court to make proper restitution.
Sec. 13.20 - Embezzlement.
Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and to make such restitution as may be required by order of the Court.
Sec. 13.21 - Escape.
Any person who, being in the lawful custody of a Law Enforcement Officer, shall unlawfully remove himself from official detention to escape or who shall permit or assist another person to escape from lawful custody or who shall fail to return to official detention following leave granted for a specific purpose or a limited time (excluding probation, parole or release on bail) shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.22 - Extortion.
Any person who shall willfully extort or attempt to extort any money, goods, property, or anything of value by making or threatening to make false charges against another person or to threaten to do unlawful injury to another Person or property of the person threatened or of another, shall be deemed guilty of the offense of extortion and upon conviction thereof, shall be sentenced to confinement of not to exceed ninety (90) days or to pay a fine not to exceed $150.00 or both, with costs.
Sec. 13.23 - Failure to Send Children to School.
Any person who shall, without good cause, neglect or refuse to send his children or any children under his care to school who, from the age of eight (8) to under fifteen (15), and from fifteen (15) to under eighteen (18) years of age not lawfully engaged in some useful occupation or attending part-time school, unless otherwise excused, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, and ordered to send their children to school.
Sec. 13.24 - Failure to Support Dependent Persons.
Any person who shall, because of habitual intemperance or gambling or for any other reason, refuse, fail, or neglect to furnish food, shelter, or care to those dependent upon him, including any children born out of wedlock, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.25 - False Alarm.
Any person who knowingly cause a false alarm of fire or other emergency to be transmitted to any organization, official, or volunteer having responsibility for dealing with emergencies involving danger to life and property, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs.
Sec. 13.26 - False Arrest.
Any person who shall willfully and knowingly make or cause to be made, the unlawful arrest, detention or imprisonment of another Person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.27 - Fire, Failure to Control or Report.
Any person who knows that a fire is endangering life or property and fails to give a prompt fire alarm or fails to take reasonable measures to put out or control the fire without danger to himself if he knows that he is under an official, contractual or other legal duty to prevent or to combat the fire, or if any fire was started in any manner, including throwing of any lighted material, lawfully or unlawfully by any person or with his assent on any property, private or public, whether or not in his custody or control, that endangers life or property shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $250.00 or both, with costs, and may be liable for damages in an amount determined by the Court, and parents of minor children who violate this Section may be held liable.
Sec. 13.28 - Flags - Desecration Thereof.
Any person who in any manner for exhibition or display shall place or cause to be placed any mark, word, or design upon or shall publicly mutilate, deface or defile an official flag, color or design of the United States or the Pueblo of San Ildefonso shall be guilty of the offense and, upon conviction thereof, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $50.00 or both, with costs.
Sec. 13.29 - Flight to Avoid Prosecution.
Any person who willfully and knowingly shall flee from the Pueblo of San Ildefonso or the jurisdiction of the Tribal Court to avoid prosecution or to avoid giving testimony in a case pending before the Tribal Court shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $60.00 or both, with costs.
Sec. 13.30 - Forgery and Counterfeiting.
Any person who shall, with intent to defraud, falsely sign, utter, execute, alter or counterfeit any written instrument, check, or currency shall be guilty of forgery and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be required to make restitution.
Sec. 13.31 - Fraud.
Any person who shall by willful misrepresentation or deceit or by falsely interpreting or by the use of false weights or measures, obtains any money or any other property or thing of value which belongs to another shall be guilty of fraud and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution.
Sec. 13.32 - Gambling.
Any person who operates or participates in any game of chance or lottery to win money or other valuable consideration or operates a place or device where a risk is taken on a chance of winning money or other valuable property shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine of not to exceed $50.00 or both, with costs, and all gambling equipment, materials, and supplies may be confiscated. This Section shall not apply to those games of chance or lottery authorized by the Council or traditional games of chance operated by Tribal members in their own right.
Sec. 13.33 - Illicit Cohabitation.
Any person who shall live or cohabit with another as man and wife and not then and there being married shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $150.00 or both, with costs.
Sec. 13.34 - Indecent Exposure.
Any person who publicly exposes his or her sexual organ or organs under circumstances in which this conduct is likely to cause affront or fear shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, and nay be compelled to undergo a medical examination and necessary treatment.
Sec. 13.35 - Injury to Public Property.
Any person who shall, without proper authority, use or misuse any public property shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $150.00 or both, with costs.
Sec. 13.36 - Libel and Slander.
Any person who willfully shall write a falsehood about another with the intent to harm the reputation of another, knowing the same to be untrue, shall be guilty of the offense of libel, and any person who willfully shall speak a falsehood about another, with intent to harm the reputation of another person, knowing the same to be untrue, shall be guilty of the offense of slander and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $300.00 and may be required to make public retraction as tradition dictates of the written or spoken falsehood.
Sec. 13.37 - Liquor Violations.
Any person who shall possess to sell, or shall manufacture any beer, ale, wine, whiskey or any materials whatsoever which produce alcoholic intoxication without a license issued by the Governor with the concurrence of the Tribal Council, shall be deemed guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $120.00 or both, and all such materials, including vehicles used to transport same, may be confiscated by order of the Court.
Sec. 13.38 - Maintaining a Public Nuisance.
Any person who shall act in such a manner, or permit his property to fall into such condition as to make, injure, or endanger the safe health, comfort, or property of his neighbors, the reputation and dignity of the pueblo, shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $100.00, or both, with costs.
Sec. 13.39 - Malicious Mischief.
Any person who shall maliciously disturb, deface, injure or destroy any tangible or personal property, including domestic animals or vandalize any property, not belonging to that person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution. When any injury to persons or property is caused by the actions of any person under eighteen (18) years of age, the parents or guardians or custodians of such an individual will be held accountable for any damages resulting from these acts.
Sec. 13.40 - Marijuana and Controlled Substance.
Any person who shall plant, grow, cultivate, keep for sale, sell, barter, give, have possession of or use marijuana or other narcotic drugs or any controlled substance, determined by the Court to be harmful to the physical and mental health of the user, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.41 - Obstructing Justice.
Any person who, with the purpose of hindering the apprehension, prosecution, conviction or punishment of another for a crime shall harbor or conceal another person, provide a weapon, transportation or other means of escape, warns the other of impending discovery, or volunteer false information to a Law Enforcement Officer, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both , with costs.
Sec. 13.42 - Perjury.
Any person who shall willfully and deliberately in any administrative or judicial proceeding in any Agency or Court of the Pueblo of San Ildefonso falsely swear or interpret or shall make a sworn statement or affidavit knowing the same to be untrue or shall induce to procure another person to do so shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.
Sec. 13.43 - Public Drunkenness: Drug Incapacitation.
Any person who shall appear in any public place, including any Tribal or public meeting or gathering under the influence of alcohol or any other drug or narcotic, to the degree that he may endanger himself or another human or property or annoy any persons in his vicinity shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs. The Court may in its judgment, order the person upon conviction to participate in any available alcoholic or drug abuse program in lieu of the foregoing penalties which may be reimposed upon failure of the person to follow the orders of the Court.
Sec. 13.44 - Prostitution.
Any person who shall engage or solicit to engage in sexual activity as a business or who shall knowingly keep, maintain, rent or lease any house, room, tent, motor vehicle or any kind of other place for the purpose of so engaging, and any person who shall procure any person to engage in such activities, or live off the earnings of any person engaged in such activities, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.45 - Sexual Assault.
(1) Any person who engages in a sexual act with another person, who is not his spouse, or compels the other person to participate in such act by force or by threatening or place the other person in fear that any person will imminently to subjected to death, serious bodily injury or kidnapping or has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant or by other means, without the knowledge or against the will of such other person or the other person is in fact, less than twelve (12) years old, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
(2) Any person who engages in a sexual act with another person who is not his spouse and knows that the other person is incapable of understanding the nature of the conduct or knows that the other person is physically incapable of resisting or of declining consent to the sexual act or knows that the other person is unaware that a sexual act is being committed or knows that the other person participates because of a mistaken belief that the actor is married to the other person or compels the other person to participate by any threat by placing the other person in fear shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
(3) As used in this Section, sexual act means conduct between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis or the mouth and the vulva; provided that contact involving the penis occurs upon penetration, however slight, and sexual contact means a touching of the sexual or other intimate parts of a person to arouse or gratify the sexual desire of any person.
Sec. 13.46 - Receiving Stolen Property.
Any person who shall buy, receive or conceal or aid in receiving or concealing any property, knowing or having cause to know the same to be stolen, embezzled or obtained by fraud or false pretense, theft, burglary or robbery, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be ordered to make proper restitution.
Sec. 13.47 - Recklessly Endangering Another Person.
Any person who recklessly engages in conduct which places or may place another person in danger of death or bodily injury shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required to furnish a satisfactory peace bond for one (1) year.
Sec. 13.48 - Refusing to Aid an Officer.
Any person who shall neglect or refuse, when called upon by any Law Enforcement Official, to assist in the arrest of any person charged or convicted of an offense or in securing such offender when apprehended or in conveying such offender to the nearest place of confinement shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, provided that no other responsibility shall attach to the person assisting the Law Enforcement Official at his request.
Sec. 13.49 - Resisting Arrest.
Any person who shall willfully and/or knowingly shall resist a lawful arrest, or aid or abet or assist another person to resist lawful arrest shall be guilty of an offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.
Sec. 13.50 - Theft.
Any person who, without permission of the owner, shall take, shoplift, possess or exercise unlawful control over movable property, not his own or under his control, with the purpose of depriving the owner thereof or who unlawfully transfers immovable property not his own or any interest thereto shall be guilty of an offense and shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, if the value of such property is less than $50.00 and shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 if the value is $50.00 or over. The Court may order proper restitution to be made in each case.
Sec. 13.51 - Unlawful Intimidation.
Any person who directly or indirectly utters or addresses any threat or unlawful harm to any person, or aids and abets another in uttering or addressing any threat or unlawful harm with the purpose of influencing the decision, opinion, recommendation, vote or other exercise of discretion of a Pueblo employee or voter or to influence a Pueblo or public official to violate any public duty shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed d three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.52 - Unlawful Intimidation to Law Enforcement Official,
Judge or Council Member.
Any person who shall use unjustified force or violence or threatens the use thereof on a Law Enforcement Official, Judge or a Tribal Council Member for the purpose of interfering with or influencing the performance of an official duty, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.53 - Trespass.
Any person who shall go upon or pass over any enclosed land of another person and shall refuse to go immediately therefrom upon request of the owner or occupant thereof, or shall knowingly and willfully allow livestock to occupy or graze on the enclosed lands of others without authorization, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $25.00 or both, with costs.
Sec. 13.54 - Unauthorized Use of Property, Including Vehicles.
Any person who shall, without proper authority, use or injure any property not belonging to him or who shall operate or occupy another's automobile, motorcycle, mini bike, or other motor-propelled vehicle without the consent of the owner shall be guilty of an offense and, upon conviction thereof, shall be sentenced to confinement at labor for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.55 - Negligent Use & Discharging of Firearms
& Cannons.
It shall be unlawful for any person within the San Ildefonso Pueblo Proper to discharge, set off, or fire any firearms or cannons; provided that a permit may be issued by the Tribal Council to a civil body, club, or organization sponsoring a supervised celebration to discharge, set off or fire at a designated time or place under the immediate supervision of a competent expert. Such firearms or cannons may be deemed proper by the Tribal Council.
(a) Firing or discharging of firearms in residential area.
(b) Exceptions: During any ceremony where traditions and customs are called for.
Negligent use of a weapon consists of:
(a) Unlawfully discharging a firearm in the proximity of a building or into any building or vehicle so as to knowingly a person or his property;
(b) Carrying a firearm while under the influence of an intoxicant or narcotic; or,
(c) Endangering the safety of another or his property by handling or using a firearm or other deadly weapon in a negligent manner. Whoever violates this section and upon conviction shall be punished by a fine not to exceed $300.00 or by imprisonment of not to exceed ninety (90) days, or both, with costs, and such weapons may be confiscated upon the order of the Court.
Sec. 13.56 - Aiding or Attempting.
Any person who attempts, aids or abets any violation of this Criminal Code shall be guilty of an offense in the same degree as the principal perpetrator and, upon conviction thereof, shall be subject to same penalties.
Sec. 13.57 - Taking of Official Papers or Documents of the
Pueblo of San Ildefonso.
Any person who shall hold any public office or who may be an employee of the Pueblo of San Ildefonso and, upon termination of the term of office or employment for any reason, shall take without authorization or convert to his or her own use any official documents, files or other materials belonging to the Pueblo or received by the person as a result of their office or position with the Pueblo, shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs and shall be required to return all documents, files or other material deemed by the Court to be the property of the San Ildefonso Pueblo, and may be barred from holding any public office or employment in the Pueblo of San Ildefonso as the Court may prescribe.
Sec. 13.58 - Driving under the Influence.
(1) Any person who shall drive any vehicle while under the influence of alcohol or any drug which may impair driver Performance shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed twelve (12 ) months or pay a fine of up to $1,000 or both,
(2) Any person who while a passenger Permits another person to drive a vehicle while that driver is under the influence of alcohol or any drug which may impair driver Performance is guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.
(3) In either case above, there is no requirement of "knowingly" breaking the law, and proof of under the influence of alcohol is sufficient if the person alleged to have been under the influence has partaken of alcohol within 24 hours of the offense.
Sec. 13.59 - Reckless Driving.
(1) Any person who drives or operates a vehicle carelessly and heedlessly without regard of the rights or safety of others and without due caution and safety at a Speed or in a manner so as to endanger or be likely to endanger any person (including the driver) or property is guilty of reckless driving and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.
Sec. 13.60 - Parties to a Crime.
(1) Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a crime, whether individually or in connection with one or more other persons Or as a principal, agent or accessory, shall be guilty of such offense and upon conviction thereof, may be sentenced the same as if found guilty of that crime.
(2) Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits, on directs another to commit a crime shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.
Sec. 13.61 - Aggravated assault.
Any person who shall attempt to assault another person or strike another person with a deadly weapon, or willfully and intentionally assault or strike another human with an intent to commit any non-violent crime (whether or not herein described in this Law & Order code) shall be guilty of aggravated assault and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace.
Sec. 13.62 - Assault with intent to commit a violent crime.
Any person who shall attempt to assault any human with intent to commit a violent act or violent crime (murder, maiming, rape, robbery, kidnapping, etc.) whether or not herein described in this Law and Order code, shall be guilty of assault with intent to commit a violent crime and upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or to pay a fine of $1,000 or both with costs.
Sec. 13.63 - Aggravated battery.
Any person who shall harm any person by unlawful touching or application of force with intent to injure and inflicts painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body shall be guilty of aggravated battery and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of up to $1,000 or both with costs.
If the offender inflicts great bodily harm or uses a deadly weapon, or does the act in such a manner that great bodily harm or death can be inflicted, then upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or pay a fine of $1,000 or both with costs.
Sec. 13.64 - Harassment.
It is unlawful for any person to knowing pursue a pattern of conduct that is intended to annoy seriously alarm or terrorize another person and which serves no lawful purpose (the conduct must be such that it would cause a reasonable person to suffer substantial emotional distress or actually cause emotional distress in the victim) and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.
Sec. 13.65 - Stalking.
It is unlawful for any person to knowingly pursue a pattern of conduct that poses a credible threat to another person and that is intended to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.
Proof of the reasonable apprehension may be furnished by the perpetrator committing one or more of the following acts:
a. following a person, other that in the residence of the stalker;
b. placing a person under surveillance by remaining present outside that person's school, residence, workplace or vehicle or an other place frequented by the person other that in the residence of the stalker;
c. harassing a person; or
d. any other verbal or nonverbal threat made with the intent and the apparent ability to carry out the threat that would cause a reasonable person to fear for her/his safety.
It should be noted that police officers should not be prosecuted under this section if they are performing acts in the line of duty.