Hopi Indian Tribe, Law and Order Code, Title III

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Hopi Indian Tribe, Law and Order Code

Last updated: 1991

TITLE III

CRIMINAL CODE

Chapter 1. DEFINITIONS.

3.1.1. DEFINITIONS OF TERMS. In this Code, unless the context or subject matter otherwise requires:

"Willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or omission referred to.
"Neglect," "negligence," "negligent," and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
"Corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.
"Malice" and "maliciously" import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
"Knowingly" imports only a knowledge that the facts exist which make the act or omission a crime. It does not require knowledge of the unlawfulness of the act or omission.
"Bribe" signifies any money, goods, right in action, property, thing of value, or advantage, present or prospective, asked, promised, given, or accepted, with a corrupt intent to influence unlawfully the recipient or prospective recipient, in his action, vote, or opinion in any public or official capacity.
"Writing" includes printing and typewriting.
"Signature" includes any name, mark, or sign written with intent to authenticate any instrument or writing.
"Person" includes a corporation as well as a natural person. When used to designate the party whose property may be the subject of any offense, it includes this state, any other state, government or country which lawfully may own any property within this state, and all public and private corporations or joint associations, as well as individuals.
"Property" includes every estate, interest, and right in lands, tenements, and hereditaments. "Personal property" includes every description of money, goods, chattels, effects, evidences of right in action, and written instruments by which. any pecuniary obligation, right, or title to property, real or personal, is created or acknowledged, transferred, increased, defeated, discharged, or diminished.
An "Indian" for the purposes of this code is any person who is an enrolled member of any Federally recognized tribe or who has Indian blood and is regarded as an Indian by the society of Indians among whom he lives.
"Reservation" within the meaning of this Code shall encompass all lands within the exterior boundaries of the 1882 Executive Order Reservation, the villages of Moencopi and surrounding range and farmlands occupied or used by Hopi Indians, and such other lands as from tire to time may be added to the Hopi Reservation.
"Marijuana" includes all parts of the plant, whether growing or not; the seeds thereof; the resin extract from any part of such plant; and every compound manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, produced from such stalks, oil o= cake made from seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom) fiber, oil, or cake. (H-68-86)
"Toxic Vapors" is vapors of fumes of paint, glue, or any other toxic product. (Added H-68-86)

Chapter 2. GENERAL PROVISIONS

3.2.1 APPLICATION OF CODE. The provisions of this Code shall not apply nor extend to any act done or offense committed prior to the effective date of this Code except as to matters of procedure. The provisions of law in force prior to the enactment of this Ordinance shall be and remain in full force and effect as to any offense committed before the effective date of this ordinance.

3.2.2 CONCURRENT JURISDICTION. With respect to any of the offenses enumerated in this Code, over which Federal, Tribal, or State Courts may have lawful jurisdiction, the jurisdiction of the Hopi Tribal Courts shall be concurrent and not exclusive. It shall remain in the discretion of the Chief Judge of the Hopi Trial Court to order delivery. to the proper authorities of the Federal, Tribal, or State Governments for prosecution, of any offender, there to be dealt with according to the law of its respective jurisdiction, where such authorities consent to exercise jurisdiction over said offender.

3.2.3 RESTRICTIONS ON CODE PROVISIONS. If an Indian is charged with any offense enumerated in this Code which may be subject to Federal prosecution, he shall not be prosecuted in the Hopi Tribal Courts unless and until the United States Attorney declines prosecution or falls to prosecute said Indian within a reasonable time after the commission of the alleged criminal act.

3.2.4 PENALTIES. Every person convicted of a violation of any provision of this Code constituting an offense shall be punished by a fine of not more than Five Thousand Dollars ($5000.00) or by imprisonment in the Tribal Jail for not more than one year, or both. (Amended H-252-91)

3.2.5 SEVERABILITY. If any clause, sentence, paragraph, or part of this entire Ordinance or the application thereof to any person or circumstance shall for any reason be adjudged by any Court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this entire ordinance, nor the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof and to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.

3.2.6 REPEAL. All other Ordinances, or parts of Ordinances, in conflict with this ordinance are hereby repealed.

3.2.7 NAME OR SHORT TITLE. This Ordinance may be known and cited as the "HOPI TRIBAL CODE."

3.2.8. EFFECTIVE DATE. This ordinance shall become effective upon its passage by the Tribal Council and its approval by the Secretary of the Interior or his authorized representative.

Chapter 3. SPECIFIC OFFENSES

3.3.1 ABANDONMENT OF CHILD. Any Indian parent, guardian, or any person who has been entrusted with, or who has assumed the care of a child under the age of eighteen (I8) years who neglects or intentionally leaves such child without care or abandons him under any circumstances, whereby the child may suffer from neglect, or who shall neglect the child in any manner or who shall cause such child to be exposed to bodily injuries, shall be deemed guilty of an offense.

3.3.2 ABDUCTION. Any Indian who shall willfully take away or detain another person against such person s will or in the case of a minor, without consent of the parent(s) or legal custodian, shall be deemed guilty of an offense. (Amended H-93-81; Incorporated into Ordinance 35)

3.3.3 ASSAULT. Any Indian who shall willfully and unlawfully attempt to commit battery upon the person of another by force or violence, or any unlawful act, threat, or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery or the use of obscene language toward another shall be deemed guilty of an assault.

3.3.4 ASSAULT & BATTERY. Any Indian who shall willfully and unlawfully use force or violence upon the person of another, or who by offering violence cause another to harm himself, shall be deemed guilty of assault and battery.

3.3.5 ASSAULT & BATTERY ON A TRIBAL OFFICIAL. Any Indian who shall willfully strike any Tribal official or police officer, or any person who is officially acting for the Tribal government, or otherwise inflict bodily injury, or who shall be offering violence, cause another to harm himself, shall be deemed guilty of an offense.

3.3.6 BIGAMY. Bigamy consists in the having of two or more wives or two or more husbands at one and the same time, knowing that the former husband or wife is still alive. If any Indian within this Reservation, being married, or who shall hereafter marry, does at any time marry any other person, the former husband or wife being alive, the person so offending shall be deemed guilty of an offense.

3.3.7 BREAKING & ENTRY. Any Indian who shall willfully in any manner enter any dwelling, vehicle, watercraft, aircraft, or other structure, movable or immovable, either by night or by day without the consent of the owner or occupant shall be deemed guilty of an offense.

3.3.8. BRIBERY. Any Indian who shall give or offer to give any money, property, or service, or anything of value to another person with corrupt intent to influence another in the discharge of his public duties or conduct, and any Indian who shall. accept, solicit, or attempt to solicit any bribe as above described, shall be deemed guilty of an offense.

3.3.9 BURNING. Any Indian who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of rangeland or grassy area, brush or timber, or any building, home, barn, corral, fence, or any structure of whatsoever class or character, whether the property of himself or of another; shall be deemed guilty of an offense. (Amended H-120-83)

3.3.10 CANDIDACY SOLICITING. Candidacy soliciting at voting polls. It shall be illegal for, any Indian to solicit, advertise, or whatsoever for a Tribal political candidacy within thirty (30) yards of any place of Tribal voting or polls, upon. conviction, shall be deemed guilty of an offense.

3.3.11 SEXUAL CONDUCT WITH A MINOR. Any Indian who commits sexual acts with a minor by intentionally or knowingly engaging in sexual intercourse, or oral or anal sexual contact with any person who is under eighteen (18) years of age and who is not his or her spouse, or fondling the genitals or breasts with intent to gratify or arouse sexual desires of himself or of any person shall be deemed guilty of an offense. (Added H-93-81; Incorporated into ordinance 35)

3.3.12 CARRYING CONCEALED WEAPON. Any Indian who shall go about in public or private places armed with a dangerous weapon, concealed upon his person, unless he shall .have a permit to carry the same in his possession, signed by the Judge of the Hopi Trial Court and countersigned by the Superintendent of the Reservation, shall be deemed guilty of an offense. "Deadly weapons" within the meaning of the foregoing shall be construed to mean any and all kinds and classes of guns, pistols, revolvers, knives with blades over four inches (4") in length, and any and all classes and kinds of weapons and instruments, by whatever name called, designated to inflict a dangerous wound.

3.3.13 CHILD MOLESTING. Any Indian who shall force, entice, persuade, or attempt to persuade a child under the age of sixteen (16) years to enter any building, vehicle, room, or secluded place with intent to commit sexual intercourse or any indecent handling or touching, or any Indian having possession of a child under the age of sixteen (16) years in any vehicle, building, room, or secluded place with an intent to commit such an act shall be deemed guilty of an offense. (Incorporated into Ordinance 35)

3.3.14 CONTRIBUTING TO THE DELINQUENCY OF A MINOR. Any Indian who shall. commit any act, or.-omit the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any minor person shall be deemed guilty of an offense. A minor under this section shall be any person under the age of eighteen (18) years. (Amended H-93-81; Incorporated into Ordinance 35)

3.3.15 CRUELTY TO ANIMALS. Any Indian who shall torture or cruelly mistreat any animal by torturing, tormenting, depriving of necessary sustenance, cruelly beating, mutilating, cruelly killing, or overdriving any animal, unnecessarily failing to provide any animal with proper food or drink, or cruelly driving or working any animal when such animal is unfit for labor shall be deemed guilty of an offense.

3.3.16 CURFEW VIOLATIONS.

a. Any Indian child under the age of eighteen (18) years shall observe the following curfew schedule.

1. During School Terms. All children under the age of sixteen (16) years shall be off the streets and at or in their homes before 9:00 p.m., unless accompanied by their parents or guardians on a legitimate absence from home. All children age sixteen (16) through seventeen (17) years shall be off the streets and at or in their homes before 10:00 p.m. When a school or community function is held which does not close or end prior to the above-stated curfew limits, both age groups will be allowed to remain out until one-half hour after the official close or end of such function.

2. During Vacation Periods. Children under the age of sixteen (16) years will be allowed to remain out until 11:00 p.m. and children who are sixteen (16) and seventeen (17) years will be allowed to remain out until 12:00 midnight.

b. Any Indian parent or guardian who knowingly and willfully fails to have a child observe and obey the above curfew schedules shall be deemed guilty of an offense.

(Incorporated into Ordinance 35).

3.3.17 CUTTING GREEN TIMBER. Any Indian who without first securing a proper permit cuts any standing green timber within the Reservation or who fails to comply with the Annual Policy and Procedural Statement adopted by the Tribal Council shall be deemed guilty of an offense.

3.3.18 DESTROYING OR INJURING JAIL. If any Indian shall willfully and intentionally break down, pull down, or otherwise destroy or injure, in whale or in dart, any Tribal jail or other place of confinement, shall be deemed guilty of an offense.

3.3.19 DISCHARGING FIREARMS, AIR GUNS. Any Indian who shall willfully discharge any type of firearms, air rifle, sling shot, hunting bow or archery bow or other similar weapons, unless in a designated area such as an archery or rifle range, within any Hopi village or community or within three hundred (300) feet of any inhabited building or home or in any place where there is any person to be in danger thereby, although no injury shall ensue, or upon any public road or highway on the Reservation is guilty of an offense, and the weapon so carried shall be confiscated unless released upon good cause shown to the Trial Court.

3.3.20 DISCHARGING FIREWORKS. Any Indian who shall discharge any fireworks of an explosive or burning nature in any public building, private building, stockyard, parade, or Tribal forested area or along any public highway on the Reservation shall be guilty of an offense.

3.3.21 DISORDERLY CONDUCT. Any Indian is guilty of disorderly conduct who shall cause public inconvenience, annoyance, alarm, or recklessly create a risk thereof, when he or she:

(a) Engages in fighting, threatening or violent behavior; or

(b) makes unreasonable noise; or uses abusive language or gestures to any person present; or

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group of people has access, including highways, schools, kivas, and plazas. (Revised H-136-91)

3.3.22 DISPOSING OF PROPERTY OF AN ESTATE. Any Indian who sells, trades, or otherwise disposes of any property of the estate of a deceased person before the determination of the heirs without proper authority, shall be deemed guilty of an offense.

3.3.23 DUMPING TRASH ON TRIBAL PROPERTY. It shall be unlawful for any Indian to dump or leave trash or garbage on any Tribal property or on or along any Tribal highway in the Reservation; provided, that nothing herein shall be construed as affecting authorized collections and dumping of such trash or garbage.

3.3.24 EMBEZZLEMENT. Any Indian 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 deemed guilty of an offense.

3.3.25 ESCAPE OR AIDING A FUGITIVE.

Escape or Aiding Escape. Any Indian who, being in lawful custody for an offense, shall escape or attempt to escape from lawful custody shall be deemed guilty of an offense. Any Indian aiding another Indian to escape or attempt to escape from lawful custody shall be deemed guilty of an offense.
Aiding a Fugitive or Interfering with Lawful Arrest. Any Indian who shall purposely hide, conceal, or give misinformation as to a fugitive s whereabouts when Warrant of Arrest has been issued or law officer(s) is (are) in legal pursuit shall be deemed guilty of an offense.

3.3.26 EXTINGUISHING CAMPFIRE. Any Indian who shall build a campfire in any woods, on any prairie, or on ether grounds on this Reservation shall, before or at the time of breaking camp and leaving such camp, totally extinguish such campfire; and upon failure to do so, such person shall be deemed guilty of an offense.

3.3.27 EXTORTION. Any Indian who shall willfully, by making false charges against another person or by any means whatsoever, extort or attempt to extort any money, goods, property, or anything of value shall be deemed guilty of an offense.

3.3.28 FAILURE TO APPEAR BY COMPLAINT. Any Indian who shall file a complaint on another person and fails to appear in Court without just cause shall be deemed guilty of an offense.

3.3.29 FAILURE TO SELL OR REMOVE FROM TRIBAL RANGE INFECTIOUS OR CULL ANIMALS. (Repealed by Ordinance 43)

3.3.30 FAILURE TO SEND CHILDREN TO SCHOOL.

Any Indian who shall without good cause neglect or refuse to send his children or any children under his care who are of appropriate age to school, shall be deemed guilty of an offense.
Any Indian who has not attained the age of sixteen (16) years and who has not graduated from the twelfth (12^th); grade is required to attend school.
Any Indian who has a mental or physical disability may not be subject to Subsection (b), but in all such mental or physical disabilities a written verification of fact of disability must be obtained from a licensed medical doctor, psychiatrist, or recognized hospital or institute and recorded in the school or district where he lives.
Any Indian who violates any provisions of Subsection (b) and Subsection (c) shall be guilty of an offense and upon conviction shall be subject to return to school, placement is a boarding school or institute or detention at the discretion of the Court.

(Incorporated into ordinance 35)

3.3.31 PERSISTENT NON SUPPORT. Any Indian who shall intentionally and persistently fails to provide food, shelter, clothing, medical attention, financial support or other necessary care which he or she is able to provide and is legally obliged to provide to a spouse, child or other dependant shall be deemed guilty of an offense. (Amended H-68-86)

3.3.32 FAILURE TO TREAT DISEASED ANIMALS. (Repealed by ordinance 43)

3.3.33 FALSE ARREST. Any Indian who shall willfully and knowingly make or cause to be made the unlawful arrest, detention, or imprisonment of another person shall be deemed guilty of an offense.

3.3.34 FORGERY. Any Indian. who shall, with intent to defraud, falsely sign, execute, or alter any written statement shall be deemed guilty of an offense.

3.3.35 FRAUD. Any Indian who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures obtain money or other things of value shall be deemed guilty of an offense.

3.3.36 FURNISHING DRUGS OR LIQUOR TO TRIBAL JAIL INMATES. Any Indian who knowingly shall furnish or aid or assist in furnishing to any Tribal prisoner confined in Tribal jail and other confinement, or any place whatsoever, any morphine, cocaine, codeine, or other such habit forming or addicting drug or any other substance whose distribution and/or use is controlled by law or any intoxicating liquor, shall be deemed guilty of an offense.

3.3.37 GIVING VENEREAL DISEASE TO ANOTHER. Any Indian who shall infect another person with a venereal disease shall be deemed guilty of an offense. In addition to any sentence imposed by the Court for a violation of this section, such person so convicted shall be ordered and compelled to have a medical . examination and treatment for such disease until cured.

3.3.38 HALLUCINOGENIC DRUGS. Any Indian who shall possess, sell, trade, transport, give away, or manufacture any of the drugs known as hallucinogen, psychotomimetics dysleptic, or psychedelics, including lysergic acid diethylamide (LSD), mescaline, psilocybin, dimethyltryptamine (DMT), and methyldimethoxy methylphenylethylamine (STP), shall be guilty of an offense.

3.3.39 HOMICIDE. Any Indian who purposely, knowingly, recklessly, or negligently causes the death of another human being is guilty of an offense.

3.3.40 HUNTING WITH ARTIFCIAL LIGHT. Any Indian who hunts with artificial light shall be deemed guilty of an offense.

3.3.41 HUNTING IN CARELESS OR RECKLESS MANNER. Any Indian who, in the act of pursuing, taking, or killing the game or birds, shall act in a careless or reckless manner or with wanton disregard of human life or property shall be deemed guilty of an offense.

3.3.42 HUNTING UNDER INFLUENCE OF LIQUOR OR DRUGS. Any Indian while under the influence of intoxicating liquor or any other exhilarating or stupefying drug, who shall discharge a firearm in the act of pursuing, taking, or killing game or birds shall be deemed guilty of an offense.

3.3.43 ILLICIT CO-HABITATION. Any Indian who shall live or co-habit with another as man and wife for more than one day, not then and there being married to each other shall be deemed guilty of an offense. As used in this section, unlawful co-habitation shall be the living together as man and wife. Proof of sexual intercourse shall not be necessary to constitute an offense.

3.3.44 IMPERSONATION OF A PUBLIC OFFICER. Any Indian who shall willfully and knowingly impersonate a police officer or any other public official or any official acting for the Tribal government, by using badges or any type of credentials, uniforms, decals, or any other means to exercise the function of any public officials or law enforcement officers, shall be deemed guilty of an offense.

3.3.45 INDECENT EXPOSURE OR HANDLING. Any Indian who shall expose his genitals for the purpose of arousing or gratifying sexual desire of himself or at any person in a public or private place to persons present or within observation shall be deemed guilty of an offense.

3.3.46 INJURING FENCES. Any Indian who shall willfully cut, break, stretch, pry open, destroy, or otherwise injure the fence of another or of the Hopi Tribe, or who shall willfully dig or excavate under such fence, or leave the gate open, shall be deemed guilty of an offense.

3.3.47 INJURY TO PUBLIC PROPERTY. Any Indian who shall without proper authority use, injure, or misuse any public, Tribal, government, or private property shall be deemed guilty of an offense. The property so injured or abused may be reimbursed after hearing to the injured party at the discretion of the Court.

3.3.48 INTOXICATION.

An Indian is guilty of intoxication if his or her mental or physical capabilities are disturbed from the introduction of alcohol or a controlled substance into the body.
The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, "alcohol" shall include but not be limited to distilled spirits, wine, beer and malt beverages containing alcohol.
The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.
Nothing in this section shall make it illegal to possess, use or be affected by alcohol or a controlled substance when being under and as directed by the lawful order of a "Practitioner" as defined in 21 U.S.C. 802(20) authorized to prescribe the medicinal use of the alcohol or controlled substance in question.
The Court shall consider evidence to prove or disprove intoxication, including without limitation: evidence of slurred speech, unsteady standing or walking, performance of field sobriety tests, odor of alcohol on the person, the amount of alcohol consumed aver a period of time and taking into account the person s weight, and any other evidence tending to prove or disprove intoxication.
The Court shall not require proof that the accused was intoxicated so as to be a danger to himself, herself or others.
Intoxication is a violation of ordinance No. Twenty-one (21) regardless of whether committed in a public place or a private place within the Hopi Reservation.

(Amended H-136-91)

3.3.49 INTOXICATION BY INHALING. Any Indian who shall intentionally inhale, for the purpose of becoming intoxicated, any gasoline, lighter fluid, glue, spray paint, paint thinner, or any similar product shall be deemed guilty of an offense.

3.3.50 ISSUANCE OF FRAUDULENT CHECKS. Any Indian who shall intentionally, knowingly, and willfully issue in exchange for anything of value, with intent to defraud, any check, draft, or order for payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has insufficient funds in or credit with the bank of depository for payment of such check, draft, or order in full amount upon its presentation, shall be deemed guilty of an offense.

3.3.51 LITTERING OF ROADS & OTHER PUBLIC GROUNDS. Any Indian who shall place any garbage, refuse, ashes, junk, glass, bottles, tin cans, or any other form of litter or debris on or near any public road, or upon any other public grounds or in or around any public waters of the Reservation shall be deemed guilty of an offense.

3.3.52 MAINTAINING A PUBLIC NUISANCE. Any Indian who shall act in such a manner, or shall permit his property or cause public property or other private property to become dangerous or hazardous or impair the safety, health, or comfort of the public by the discarding of refuse or rubbish, shall be deemed guilty of an offense and will be required to remove such nuisance when so ordered by the Court.

3.3.53 MAKING FALSE REPORT OF LIVESTOCK OWNED. (Repealed by Ordinance 43)

3.3.54 MALICIOUS MISCHIEF. Any Indian who shall maliciously disturb, destroy, or slaughter any livestock or other domestic animals or property not his own shall be deemed guilty of an offense. If found guilty of this offense, said Indian shall be required to make restitution in the amount of the market value of the property or livestock destroyed to the owner thereof, in addition to the normal penalties imposed for the commission of an offense under this Code.

3.3.55 POSSESSION OF MARIJUANA. Any Indian who produces, delivers, possesses, or sells marijuana shall be deemed guilty of an offense. (Amended H-68-86)

3.3.56 MISBRANDING. Any Indian who shall knowingly and willfully misbrand or alter any brand or mark on any livestock of another person shall be deemed guilty of an offense.

3.3.57 MISREPRESENTATION OF AGE BY PURCHASER. Any Indian who shall willfully lend his or her identification card which will give his or her age being over the age of twenty-one (21) years, or any Indian under the age of twenty-one (21) years who shall unlawfully misrepresent his age for the purpose of purchasing or attempting to purchase intoxicating liquor shall be deemed guilty of an offense.

3.3.58 MISUSE OF WELFARE FUNDS, COMMODITIES, OR ARTICLES. Any Indian who knowingly and willfully shall fail or neglect to properly expend funds awarded to him either for his or her welfare and relief, or who shall dispose of commodities or articles awarded to him or her for his individual use, shall be deemed guilty of an offense.

3.3.59 OBSCENE LANGUAGE & SIGNS. (Repealed H-68-86)

3.3.60 OBSTRUCTING OR INTERFERING WITH LIVESTOCK ROUNDUP. (Repealed by Ordinance 43)

3.3.61 OFFICER PURLOINING RECORDS. Any Indian who shall steal, embezzle, alter, corrupt, withdraw, falsify, or void any record, process, charter, gift, grant, conveyance, bond or contract, issue, forfeited recognizance or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registry, acknowledgement, or certificate, or shall alter, deface, or falsify any minute, document, book, or proceeding whatever, of or belonging to any public office within this Reservation shall be deemed guilty of an offense.

3.3.62 PERJURY. Any Indian who shall willfully in any judicial proceedings in the Hopi Tribal Courts, falsely swear or interpret, or shall make a sworn statement or affidavit knowing the same to be untrue or shall falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provisions of this ordinance is guilty of an offense.

3.3.63 POLLUTING STREAMS. If any Indian shall throw or discharge into any arroyo, ditch, or flume in this Reservation any obnoxious substance, such as refuse matter from slaughter house, privy, or slops from eating houses, or any other fleshy vegetable matter which is subject to decay in the water, such person shall be deemed guilty of an offense.

3.3.64 PRINCIPAL.

Any Indian who commits an offense against the Tribe or who aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal.
Any Indian who willfully causes an act to be. done which, if directly performed by him or another, would be an offense against the Tribe is punishable as a principal.

3.3.65 PROSTITUTION. Any Indian. who shall practice prostitution or shall knowingly keep, maintain, rent or lease any house, room, tent, or other place for the purpose of prostitution shall be deemed guilty of an offense.

3.3.66 RECEIVING OR CONCEALING STOLEN PROPERTY. Any Indian who shall receive or conceal any property of another person, knowing the same to have been stolen, or who attempts to conceal any property knowing the same to have been stolen shall be deemed guilty of an offense.

3.3.67 REFUSING TO AID AN OFFICER. Any Indian who shall neglect or refuse when called upon to do so, to aid or assist an officer of the Hopi Tribal Police, or other officer of the Bureau of Indian Affairs or other law enforcement officer whatsoever, to assist in the arrest of any person charged with or convicted of any offense or in securing such offender when apprehended or is conveying such offender to the nearest place of confinement shall be deemed guilty of an offense.

3.3.68 REFUSING TO BRAND OR MARK LIVESTOCK. (Repealed by ordinance 43).

3.3.69 RESISTING LAWFUL ARREST. Any Indian who shall willfully and knowingly by force or violence or other means, resist or assist another to resist a lawful arrest shall be deemed guilty of an offense.

3.3.70 ROUT. If two or more Indians shall meet to do an unlawful act upon a common cause of quarrel, and make advances towards it, they shall be guilty of an offense.

3.3.71. SEXUAL IMPOSITION. The unlawful carnal knowledge of a woman (including sexual-intercourse) by a man forcibly and against her will and without her consent is an offense

3.3.72. SLAUGHTER. (Repealed by Ordinance 21)

3.3.73 TAMPERING WITH COMMUNICATIONS. Any Indian who shall interfere with communications by displacing, removing, injuring, or destroying any radio station, TV tower, antenna, cable, telephone line, wire, pole, or conduit or shall cut, break, tap, or shall use any other means in destroying, interfering with, or preventing the operation of communications or shall assist in any of the foregoing conditions shall be deemed guilty of an offense.

3.3.74 THEFT. Any Indian who shall take the property of another person without consent of the owner shall be deemed guilty of an offense.

3.3.75 TRAFFIC. The Arizona Act Regulating Traffic on Highways (Arizona Statutes 28-401 et seq.) is hereby incorporated into this Code by reference together with all amendments which have been or which may be made; provided, that the maximum fines and sentences shall be Five Hundred Dollars ($500.00) and six months in jail for each offense. (Amended H-19-74)

3.3.76 TRESPASSING OF LIVESTOCK. (Repealed by Ordinance 43). .

3.3.77 TRESPASSING OF PERSON. Any Indian who shall, without authorization from the Hopi tribe or from the lawful assignee or tenant, trespass or go upon any cultivated, fenced, or enclosed Tribal land, shall be deemed guilty of an offense.

3.3.78 TRESPASSING ON AREAS RESERVED FOR DEMONSTRATION PURPOSES. Any Indian who shall trespass on areas reserved for demonstration administration, or agricultural purposes designed for the benefit of the Hopi Tribe shall be deemed guilty of an offense.

3.3.79 UNLAWFUL ASSEMBLING. Two or more Indians who assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being commanded to do so by a Tribal judge, Tribal police officer, Tribal chairman, or any other law enforcement officer shall be deemed guilty of an offense.

3.3.80 UNLAWFUL CONSPIRACY. If two or mare persons, at least one of whom is an Indian, shall conspire either to commit an offense against the Hopi Tribe or to defraud the Hopi Tribe or any of its subsidiaries or enterprises in any manner or for any purpose, and one or more of such persons do any act to effect the object of such conspiracy, each such Indian shall be guilty of an offense, and each such non-Indian shall be determined to be an undesirable person under Ordinance No. 13 of the Hopi Tribe.

3.3.81 VIOLATION OF AN APPROVED TRIBAL ORDINANCE OR RESOLUTION. Any Indian who shall knowingly arid willfully violate an Ordinance of the Hopi Tribe and which was promulgated by the Hopi Tribal Council shall be deemed guilty of an offense.

3.3.82 WRECKED, JUNKED. OR UNSERVICEABLE VEHICLES. It shall be unlawful for any Indian to store within the villages and communities any wrecked, junked, or unserviceable vehicles or any other unserviceable appliances or implements such as stoves, refrigerators, washing machines, or any other items discarded which disfigure the appearance of the premises. Whoever shall violate this section shall be deemed guilty of an offense.

3.3.83 POSSESSION OF ALCOHOL OR CONTROLLED SUBSTANCES, SIMPLE POSSESSION.

(a) It shall be unlawful for any Indian to knowingly or intentionally possess alcohol or a controlled substance unless such alcohol or controlled substance was obtained directly or pursuant to a valid prescription or order, from a "Practitioner" as defined in 21-U.S.C. 802(20) while acting the course of his or her professional practice, or except as otherwise authorized in accordance with applicable Hopi or federal law.

(b) The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, "alcohol" shall include but not be limited to distilled spirits, wine, beer and- malt beverage containing alcohol.

(c) The term "controlled substance" means drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The tern "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.

(d) Any Indian who violates this section shall be sentenced to a term of conviction of not more than one (1) year and shall be fined not more than five, thousand dollars ($5,000), or both; except that if he or she commits such offense after a prior conviction under this section, or a prior conviction for any alcohol or controlled substances offenses chargeable under the laws of any Tribe, State or Federal government has become final, he or she shall be sentenced to a term of imprisonment for not less than fifteen (15) days, and shall be-fined a minimum of two thousand five hundred dollars ($2,500); except further, that if; he or she commits such offense after two or more prior convictions under this section or any two or more prior convictions far any alcohol or controlled substances offenses chargeable under, any Tribal, State or Federal Government laws, or a combination of two or more such offenses have become final, he or she shall be sentenced to a term of imprisonment for not less than ninety (90) days, and shall be fined five thousand dollars ($5,000). The imposition or execution of a mandatory minimum sentence required to be imposed by this section: shall not be suspended or deferred, and no parole, probation or early release shall be authorized. Further, upon conviction, a person who violates this section shall be assessed cost payable to the Hopi Indian Tribe the reasonable costs of the investigation. and prosecute on of the offense. (Amended H-136-91; H-252-91)

3.3.84 FAILURE TO OBEY LAWFUL ORDER OF COURT. Any Indian who shall intentionally and knowingly disobey or resist the lawful order, process or other mandate of a Hopi Tribal Court shall be deemed guilty of an offense. (Amended H-68-86)

3.3.86 INCEST Any Indian who is related by blood to a minor or to another in the first degree (father, mother, son, daughter, brother, sister, grandmother, grandfather) or in the second degree (uncle, aunt, nephew, niece, or first cousin) who commits a sexual act with the minor shall be deemed guilty of an offense. (Added H-93-81; Incorporated into Ordinance 35)

3.3.87 ABUSE OF A MINOR. Any Indian parent(s), guardian, or temporary custodian who has been entrusted with or who has assumed the care of a minor under the age of eighteen (I8) years of age who abuses a minor as these terms are defined in the Children s Code, ordinance 35, shall be deemed guilty of an offense. (Added H-93-81)

3.3.88 DISRUPTING MEETINGS, PROCESSIONS AND CEREMONIES. An Indian violates the criminal law if he or she does any act, makes any gesture, or makes any utterance that unreasonably obstructs or interferes with a lawful meeting, procession, ceremony or gathering. A person acts "unreasonably" with respect to a material element of this offense when he or she should be aware of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of a nature and degree that the actor s failure to perceive it, considering the nature and purpose of his or her conduct and the circumstances known to the actor, involves a gross deviation from the standard of care that a reasonable person would observe in the actor s situation. (Added H-136-91)

3.3.89 DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES T0. PERSONS UNDER AGE TWENTY-ONE.

(a) Any Indian at least eighteen (18) years of age who distributes alcohol or a controlled substance to a person under the age of twenty-one (21) violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one (1) year, and a fee of five thousand dollars ($5,000). The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the minimum sentence provided by this section. The imposition of the mandatory minimum sentence required to be imposed by this section shall not otherwise be suspended or deferred, and no parole, probation o. other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current-or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco. (Added H-136-91)

3.3.90 POSSESSION OR DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES IN, ON, OR NEAR SCHOOLS, PLAYGROUNDS AND YOUTH CENTERS.

(a) Any Indian who distributes or possesses with intent to distribute alcohol or controlled substances in, on, or within one thousand (1000) feet of the real property compromising a tribal, community, public or private elementary school, vocational school, secondary school, community college, playground, or youth center violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one (1) year, and a fine of five thousand dollars ($5,000). The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the mandatory minimum sentence provided by this section. The imposition or execution of the mandatory minimum sentence required to be imposed by this section, shall not otherwise be suspended or deferred, ad no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

(b) The term "alcohol" shall have its commonly understood meaning. without limiting the commonly understood meaning, "alcohol" shall include but not be limited to distilled spirits, wine, beer and malt beverages containing alcohol.

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.

(d) "Playground" means any outdoor facility, including any parking lot appurtenant thereto, intended for recreation by children.

(e) "Youth center" means any recreational facility and/or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by persons under the age of eighteen (18), which regularly provides athletic, civic or cultural activities. (Added H-136-91)

3.3.91 DISTURBING RELIGIOUS OR CEREMONIAL MEETINGS. Any Indian who willfully disturbs or disquiets any meeting for religious or ceremonial purposes, by any act, gesture or utterance either within the place where such meeting is held or so near it as to disturb the order and solemnity of the meeting is guilty of an offense. (Added H-136-91).

3.3.92 ENTERING KIVAS, CEREMONIAL BUILDINGS OR CEREMONIAL AREAS UNDER THE INFLUENCE Or ALCOHOL. Any Indian who shall enter a kiva, ceremonial building or ceremonial area during the time of a religious or ceremonial activity while under the influence of alcohol is guilty of an offense. A person is under the influence of alcohol under this section if the person is guilty of intoxication or if alcohol on the person s breath or clothes can be smelled by others in the kiva, ceremony building or ceremonial area. (Added H-136-91).

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