CHAPTER A. GENERAL PROVISIONS ............................................................................... 1

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LAW AND ORDER CODE

ARTICLE III

CRIMINAL OFFENSES

CHAPTER A. GENERAL PROVISIONS ............................................................................... 1

Section 301. General. ....................................................................................................... 1

Section 302. Penalties. ..................................................................................................... 1

Section 303. Statute of Limitation............................................................................... 2

Section 304. Pleas.............................................................................................................. 2

Section 305. Double Jeopardy. ..................................................................................... 3

Section 306. Presumption of Innocence.................................................................... 3

Section 307. Speedy Trial. .............................................................................................. 3

Section 308. Affirmative Defense. ............................................................................... 6

Section 309. Multiple Counts. ........................................................................................ 6

Section 310. Intoxication. ............................................................................................... 7

Section 311. Complicity. .................................................................................................. 7

Section 312. Federal Standards. .................................................................................. 7

CHAPTER B. INCHOATE OFFENSES ................................................................................. 7

Section 313. Criminal Attempt. ..................................................................................... 7

Section 314. Conspiracy. ................................................................................................. 8

Section 315. Solicitation. ................................................................................................. 9

CHAPTER C. OFFENSES AGAINST PERSONS ............................................................... 9

Section 316. Criminal Homicide. .................................................................................. 9

Section 317. Assault. ...................................................................................................... 10

Section 318. Threats or Endangerment. ................................................................. 11

Section 319. Kidnapping................................................................................................ 11

Section 320. Unlawful Sexual Behavior. .................................................................. 12

CHAPTER D. OFFENSES AGAINST PROPERTY. .......................................................... 14

Section 321. Arson. ......................................................................................................... 14

Section 322. Burglary. .................................................................................................... 15

Section 323. Robbery. .................................................................................................... 15

Section 324. Theft ............................................................................................................ 15

Section 325. Illegally Receiving Property. .............................................................. 16

Section 326. Abusing Property. .................................................................................. 17

Section 327. Criminal Trespass. ................................................................................. 17

Section 328. Joyriding. ................................................................................................... 17

Section 329. Littering. .................................................................................................... 18

CHAPTER E. OFFENSES INVOLVING FRAUD OR DECEIT....................................... 19

Section 330. Forgery....................................................................................................... 19

Section 331. Fraud........................................................................................................... 19

Section 332. Passing Bad Checks. ............................................................................. 19

CHAPTER F. OFFENSES INVOLVING PUBLIC PEACE, WELFARE, ORDER AND

GOVERNMENT OPERATIONS. ............................................................................................ 19

Section 333. Bribery. ...................................................................................................... 19

Section 334. Abuse of Office........................................................................................ 21

Section 335. Riot. ............................................................................................................. 22

Section 336. Disobedience of Public Safety Orders Under Riot Conditions.

................................................................................................................................................... 22

Section 337. Obstructing Highway or Other Passageway. ............................... 23

Section 338. Trespass or Interference in Public Buildings. .............................. 23

Section 339. Obstructing Performance of Police Duties.................................... 24

Section 340. Desecration. ............................................................................................. 25

Section 341. Disobedience of a Court Order. ........................................................ 25

Section 342. Perjury. ...................................................................................................... 25

Section 343. Disorderly Conduct. ............................................................................... 25

Section 344. Causing or Maintaining a Public Nuisance. .................................. 26

Section 345. Carrying a Concealed Weapon. ........................................................ 27

Section 346. Adultery. .................................................................................................... 28

Section 347. Unlawful Cohabitation. ......................................................................... 29

Section 348. Bigamy. ...................................................................................................... 29

Section 349. Incest.......................................................................................................... 29

Section 350. Indecent Exposure. ............................................................................... 29

Section 351. Prostitution and Related Offenses. .................................................. 30

Section 352. Offenses Concerning Liquor............................................................... 31

Section 353. Public Intoxication. ................................................................................ 32

Section 354. Possession or Furnishing of Narcotics. .......................................... 32

Section 355. Inhaling Toxic Vapors. ......................................................................... 35

Section 356. Child Abuse. ............................................................................................. 35

Section 357. Contributing to the Delinquency of a Minor. ............................... 36

Section 358. Cruelty to Animals. ................................................................................ 36

Section 359. Soliciting Without a License............................................................... 37

Section 360. Transmitting False Alarms.................................................................. 37

Section 361. Curfew. ....................................................................................................... 37

Section 362. Sewage Disposal. ................................................................................... 38

Section 363. Unlawful Repossession. ....................................................................... 38

Section 364. Contempt Upon The CRIT Flag. ........................................................ 39

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ARTICLE III

CRIMINAL OFFENSES

[NOTE: Except as otherwise stated, the provisions of Article III of the Law

and Order Code were enacted on June 22, 1974 by Ordinance No. 26; as

amended on December 10, 1976 by Ordinance 26F; as amended on June 11,

1979 by Ordinance 26G; as amended on August 9, 1986 by Ordinance 86-3;

as amended on March 10, 1990 by Ordinance 90-2; as amended on January

11, 1991 by Ordinance 92-1; and as amended on July 11, 2019 by

Ordinance No. 19-01.]

CHAPTER A. GENERAL PROVISIONS

Section 301. General.

The offenses specified in this Article III, and those provided for in

other Ordinances of the Tribal Council, constitute forbidden criminal conduct

against the Colorado River Indian Tribes. Persons committing such offenses

may be tried and punished by the Courts of the Tribes as provided for by

this Code; provided, however, such jurisdiction, whether or not exercised,

shall not affect the power or authority of any other courts, including those of

the United States, which may have jurisdiction.

Section 302. Penalties.

Except for offenses under Article VI of this Code to which this sentence

shall not apply, any offense under any Ordinance of the Tribal Council for

which no penalty is otherwise specifically provided may be punished by

imprisonment for a period not to exceed six (6) months, or a fine not to

exceed Five Hundred Dollars ($500.00), or both. Upon conviction of, or plea

of guilty or no contest to, any offense specified by this Code or other

Ordinance enacted by the Tribal Council for which imprisonment may be

imposed, unless imprisonment is mandatory, the court in its discretion, with

the concurrence of the offender, may:

a. Order the offender to perform labor for the Tribes without

compensation for a number of days not to exceed the maximum period of

imprisonment which could be imposed; or

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b. Order the offender imprisoned and upon release from

imprisonment to perform such labor, provided that the total number of days

of imprisonment and performance of labor together shall not exceed the

maximum period of imprisonment which could be imposed.

If performance of labor is ordered it shall be upon the condition that it

be diligently and satisfactorily performed upon penalty for noncompliance of

imposition of imprisonment. If such condition of performance of labor is not

met, the time when such labor was to have been performed shall not be

counted in determining the length of maximum duration of imprisonment.

Section 303. Statute of Limitation.

Subject to other express limitations elsewhere specified in this Code,

no person shall be prosecuted, tried, or punished for any criminal offense

unless a complaint thereof, designating that person as the alleged offender,

is filed within one (1) year after discovery that the offense was committed

by someone. When an offense is based upon a series of acts performed at

different times the period of limitation prescribed by this Section commences

at the time when the last discovered act is committed.

Section 304. Pleas.

Every person charged with a criminal offense shall enter a plea of

guilty or not guilty, or, with the consent of the court a plea of no contest. If

a person charged with an offense refuses or fails to enter a plea, including

such failure or refusal after a tender of a no contest plea is rejected by the

court, the court shall enter a plea of not guilty on behalf of that person.

a. No plea of guilty shall be accepted by the court until the

court shall have advised the defendant of the maximum and minimum

penalties that the court may impose, that the defendant shall be deemed to

have waived his right to trial on all issues, and that the defendant shall be

deemed to be admitting his commission of the offense. The court shall not

accept a plea of guilty, but shall enter a plea of not guilty on behalf of the

defendant, if the court has cause to believe that the defendant does not

understand the significance of his tendered plea of guilty.

b. The acceptance or rejection by the court of a tendered plea

of no contest shall be within the discretion of the court. Prior to the

acceptance by the court of a plea of no contest, the court shall advise the

defendant as to the maximum and minimum penalties that the court may

impose and his right to trial on all issues. Any person whose plea of no

contest is accepted by the court shall be subject to the imposition of all

penalties and consequences provided by this Code applicable to a person

who has been convicted or pled guilty to such an offense.

Section 305. Double Jeopardy.

If a criminal prosecution is for a violation of the same provision of law

and is based upon the same facts as a former prosecution by the Courts of

the Tribes, it is barred by the former prosecution if the former prosecution

resulted in an acquittal, or if the former prosecution proceeded on the basis

of a plea of guilty or no contest, or if the former prosecution resulted in a

conviction which has not been reversed or vacated.

Section 306. Presumption of Innocence.

Every person is presumed innocent of any offense with which he is

charged until proven guilty. No person shall be convicted of any offense

unless his guilt thereof, as to each material element thereof, is proved

beyond a reasonable doubt.

Section 307. Speedy Trial.

a. Except as provided below in this Section, if a defendant is to

brought to trial on the issues raised by a complaint of a criminal offense

within one (1) year from the date of filing of said complaint, the pending

charge shall be dismissed, and the defendant shall not again be the subject

of a complaint for the same alleged offense, or for another alleged offense

based upon the same act or series of acts arising out of the same criminal

conduct or episode.

(1) The time limitation imposed by the foregoing provision of

this subsection a. of this section shall be tolled while the alleged offender is

absent from the Reservation or is not amendable to the process or

jurisdiction of the Courts of the Tribes and the duration of such absence or

nonamenability shall be excluded from the computation of the time within

which the trial must be commenced.

(2) The period within which a trial must be commenced under

the provisions of this subsection a., of this section, does not include any

period in which a prosecution in any court of any jurisdiction is pending

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against the defendant for the same conduct, regardless of the disposition of

such pending prosecution.

b. Except as otherwise provided below in this section, if a defendant

is not brought to trial on the issues raised by a complaint of a criminal

offense within six (6) months from the date of the entry of a plea of not

guilty, he shall be discharged from custody if he has not been admitted to

bail, and, whether in custody or on bail, the pending charge shall be

dismissed, and the defendant shall not again be the subject of a complaint

for the same alleged offense, or for another alleged offense based upon the

same act or series of acts arising out of the same criminal conduct or

episode.

c. The respective requirements for a speedy trial, and the respective

periods of time for commencement of trial under either of subsections a. or

b. of this Section shall be subject to or modified by, including extension or

exclusion of periods of time, by the following further provisions:

(1) If trial results in conviction which is reversed on appeal, any

new trial must be commenced within six (6) months from the date of the

final decision on appeal.

(2) If a trial date has been fixed by the court, and thereafter the

defendant requests and is granted a continuance for trial, the period within

which the trial shall be commenced is extended by the number of days

intervening between the granting of such continuance and the date to which

trial is continued.

(3) If a trial date has been fixed by the court, and thereafter the

person charged with responsibility under this Code for the prosecution of the

trial requests and is granted a continuance, the time is not thereby extended

within which the trial shall be commenced unless the defendant expressly

agrees to the continuance. The time for commencement of trial, in the event

of such agreement, is extended by the number of days intervening between

the granting of such continuance and the date to which trial is continued.

(4) The requirement under this Section for a trial within a

specified period of time shall be deemed to be satisfied if the trial

commences within the specified period, even though its conduct may extend

beyond the specified period for commencement, provided that it conduct

thereafter is with reasonable diligence by the prosecution.

(5) To be entitled to a dismissal under this Section, a defendant

must move for dismissal prior to the commencement of the trial. Failure so

to move is a waiver of the defendant's rights under this Section.

(6) In computing the time within which a defendant shall be

brought to trial as provided in this Section, the following periods of time

shall be excluded:

(a) Any period during which the defendant is incompetent to

stand trial, or is unable to appear by reason of illness or physical disability;

(b) The period of delay caused by an interlocutory appeal

whether commenced by the defendant or by the prosecution;

for trial with a co-defendant as to whom the time for trial has not expired

and there is good cause for not granting a severance;

(d) The period of delay resulting from the voluntary absence or

unavailability of the defendant; however, a defendant shall be considered

unavailable whenever his whereabouts are known but his presence for trial

cannot be obtained, or he resists being returned to the Reservation for trial;

(e) The period of delay caused by and mistrial, not to exceed

three (3) months for each mistrial;

defendant;

(f) The period of any delay caused at the instance of the

(g) The period of delay not exceeding six (6) months resulting

from a continuance granted at the request of the person or party

prosecuting the case, without the consent of the defendant, if the

continuance is granted because of the unavailability of evidence material to

the prosecutor's case, when the prosecutor has exercised due diligence to

obtain such evidence and there are reasonable grounds to believe that such

evidence will be available at the later date.

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Section 308. Affirmative Defense.

Unless the prosecution evidence raises an issue of affirmative defense

to an alleged offense, the defendant, to raise the issue, must present some

credible evidence on that issue. If the issue involved in an affirmative

defense is raised, then the guilt of the defendant must be established

beyond a reasonable doubt as to that issue as well as all other elements of

the offense. Affirmative defenses include but are not necessarily limited to

legal justification; lawful authority; justifiable and reasonable defense of self,

a third person or property; and those specified elsewhere in this Article III.

Section 309. Multiple Counts.

When the conduct of a defendant may establish the commission of

more than one offense, the defendant may be prosecuted for each such

offense. He may not be convicted of more than one offense if:

a. One offense consists only of an attempt to commit the other, or

b. Inconsistent findings of fact are required to establish the

commission of the offenses; or

c. The offenses differ only in that one is defined to prohibit a

designated kind of conduct generally and the other to prohibit a specific

instance of such conduct; or

d. The offense is defined as a continuing course of conduct and

the defendant's course of conduct was uninterrupted, unless the law

provides that specific periods or instances of such conduct constitute

separate offenses.

If the same conduct is defined as an offense in different Ordinances of

the Tribal Council or in different sections of this Code, the offender may be

prosecuted under any one or all of such sections or Ordinances subject to

the limitations provided by this Section. It shall be immaterial to such

prosecution that one of the enactments or sections provides a lesser penalty

than another, or was enacted at a later date than another unless the later

section or enactment specifically repeals the earlier.

Section 310. Intoxication.

Intoxication of the defendant is not a defense to the charge of a

criminal offense, but in any prosecution for an offense evidence of

intoxication of the defendant may be offered by the defendant whenever it is

relevant to negative the existence of a specific intent if such intent is an

element of the crime charged. "Intoxication" as used in this Section means a

disturbance of mental or physical capacities resulting from the introduction

of an substance into the body including, but not limited to, alcohol or drugs.

Section 311. Complicity.

A person is legally accountable as principal for the behavior of another

constituting a criminal offense if, with the intent to promote or facilitate the

act or conduct constituting commission of the offense, he aids, abets, or

advises such other person in planning or committing the offense.

Section 312. Federal Standards.

Insofar as they are not inconsistent with (a) this Code or other

Ordinances of the Tribal Council, (b) the lawful tradition and policies of the

Tribes and the Courts of the Tribes, or (c) other governing or applicable law,

the standards of, (i) statutory interpretation, (ii) admissibility of evidence,

and (iii) criminal judicial procedure, including determination of the elements

of an offense, of the federal courts of the United States may be referred to

by the Courts of the Tribes to aid in the interpretation and application of this

Article III, and in the conduct of criminal procedures under this Code.

Nothing contained in this Section shall be deemed to deprive the Courts of

the Tribes or the Tribal Council from establishing, by decision or enactment,

such other or differing standards as they may deem appropriate, subject

always to any limitations, restrictions or exceptions imposed by and under

the authority of the Constitution or By-Laws of the Tribes, or the

Constitution or laws of the United States.

CHAPTER B. INCHOATE OFFENSES

Section 313. Criminal Attempt.

A person commits the separate offense of criminal attempt if he

intentionally engages in conduct constituting a substantial step toward

commission of another specified offense. A substantial step is any conduct,

whether act, omission, or possession which is corroborative of the actor's

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intent to commit the other offense. Factual or legal impossibility of

committing the other offense is not a defense to a charge of criminal

attempt if the other offense would have been committed had the attendant

circumstances been as the actor believed them to be. A person who engages

in conduct intending to aid another to commit any offense commits criminal

attempt if the conduct would establish his complicity under Section 311,

Chapter A, of this Article III were the offense to be committed by the other

person, even if the other person is not guilty of committing or attempting

the offense. A person guilty of criminal attempt may be sentenced to such

term of imprisonment, or such fine, or both, as may be provided for the

other offense, whether or not committed, of which the attempt was made.

[As Amended January 11, 1992, Ord. No. 92-1, § 2.]

Section 314. Conspiracy.

A person commits the offense of criminal conspiracy if, with the intent

to promote or facilitate the commission of another specified offense, he

agrees with another person or persons that they, or one or more of them,

will engage in conduct which constitutes such other offense or an attempt to

commit such other offense, or if he agrees to aid such other person or

persons in the planning or commission of such other offense or of an

attempt to commit such other offense.

a. No person may be convicted of a conspiracy to commit an

offense unless an overt act in pursuance of such conspiracy is proved to

have been done by him or by a person with whom he conspired.

b. If a person knows that one with whom he conspires to commit

an offense has conspired with another person or persons to commit the

same offense, he is guilty of criminal conspiracy to commit such other

offense with such other person or persons, whether or not he knows their

identity.

A person guilty of criminal conspiracy may be sentenced to such term

of imprisonment, or such fine, or both, as may be provided for the offense

which was the subject of the conspiracy, whether or not such other offense

was committed.

[As Amended January 11, 1991, Ord. No. 92-1, § 2.]

Section 315. Solicitation.

Except as to authorized acts of persons authorized by law to

investigate and detect the commission of offense by others, a person is

guilty of criminal solicitation if he commands, induces, entreats, or otherwise

attempts to persuade another person to commit an offense, whether as

principal or accomplice, with intent to promote or facilitate the commission

of that crime. It is no defense to a prosecution under this Section that the

person solicited could not commit or could not be guilty of the offense

because of lack of responsibility or culpability, or other incapacity. A person

guilty of criminal solicitation may be sentenced to such term of

imprisonment, or such fine, or both, as may be provided for the offense

which was the subject of the solicitation whether or not it was committed.

[As Amended January 11, 1991, Ord. No. 92-1, § 2.]

CHAPTER C. OFFENSES AGAINST PERSONS

Section 316. Criminal Homicide.

A person commits the offense of criminal homicide if:

a. He intentionally causes the death of another person without

legal justification; or

b. With intent to cause bodily injury to a person without legal

justification, or to assault, threaten, menace, intimidate, or endanger any

person he causes the death of that person or any other person; or

c. Acting either alone or with one or more persons, he voluntarily

commits or participates in the commission or attempt to commit arson,

robbery, burglary, kidnapping, assault, or unlawful sexual behavior, and in

the course of or in furtherance of the crime that is being committed or

attempted, or of immediate flight therefrom by anyone, the death of a

person is caused; or

d. He recklessly or by gross negligence causes the death of

another person; or

e. Under circumstances manifesting indifference to the value of

human life, he intentionally engages in conduct which creates significant risk

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of injury or death to a person, and thereby causes the death of another

person; or

f. He operates a motor vehicle in a reckless or grossly negligent

manner, or while intoxicated, or while under the influence of alcohol, drug or

other intoxicant, and such conduct causes the death of another person.

A person guilty of criminal homicide may be sentenced to

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

exceed Five Thousand Dollars ($5,000.00), or both.

Section 317. Assault.

A person commits the offense of assault if:

a. He intentionally causes bodily injury to another person without

legal justification; or

b. With intent to assault, threaten, menace, intimidate, or

endanger any person he causes bodily injury to another person; or

c. Acting either alone or with one or more persons, he voluntarily

commits or participates in the commission or attempt to commit criminal

homicide, arson, robbery, burglary, kidnapping, or unlawful sexual behavior,

and in the course of or in furtherance of the crime that is being committed or

attempted, or of immediate flight therefrom by anyone, bodily injury to

another person is caused; or

d. If he recklessly or by gross negligence causes bodily injury to

another person; or

e. Under circumstances manifesting indifference to the value of

human life, he intentionally engages in conduct which creates significant risk

of injury to a person, and thereby causes bodily injury to another person; or

f. He operates a motor vehicle in a reckless or grossly negligent

manner, or while intoxicated, or while under the influence of alcohol, drug or

other intoxicant, and such conduct causes bodily injury to another person.

A person guilty of assault not involving the use of a deadly weapon or

a dangerous instrument, and where serious physical injury does not occur,

may be sentenced to imprisonment for a period not to exceed six (6)

months, or a fine not to exceed Five Hundred Dollars ($500.00), or both. A

person guilty of assault involving the use of a deadly weapon or a dangerous

instrument, or where serious physical injury occurs, may be sentenced to

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

exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 3.]

Section 318. Threats or Endangerment.

A person commits an offense if he:

a. By any threat or physical action, intentionally places or

attempts to place another person in fear of bodily injury; or

b. Without lawful authority or legal justification threatens to

confine, restrain, or to cause bodily harm to the threatened person or

another, or to damage the property or reputation of the threatened person

or another with intent thereby to induce the threatened person or another

against his will to do an act or refrain from doing a lawful act; or

c. Recklessly engages in conduct which creates a significant risk

of bodily injury to another person.

A person guilty of an offense under this Section may be sentenced to

imprisonment for a period of not to exceed six (6) months, or a fine not to

exceed Five Hundred Dollars ($500.00), or both.

Section 319. Kidnapping.

A person commits the offense of kidnapping if:

a. He forcibly or otherwise seizes and carries any person from

one place to another without his consent and without legal justification or

lawful authority; or

b. He entices, takes, or decoys away any child under the age of

eighteen (18) years not his own, with intent to keep or conceal the child

from its parent, guardian or lawful custodian; or

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c. He intentionally confines, restrains or detains another without

the other's consent and without legal justification or lawful authority; or

d. He is a natural, adoptive or foster parent of a child under the

age of eighteen (18) years, but knowing or having reasonable cause to know

that he has no privilege to do so, he takes or entices such child from the

custody of another parent, guardian or lawful custodian.

A person guilty of kidnapping may be sentenced to imprisonment for a

period not to exceed one (1) year, or a fine not to exceed Five Thousand

Dollars ($5.000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 320. Unlawful Sexual Behavior.

a. Rape. Any male who has sexual intercourse with a female person

not his wife commits the offense of rape if:

(1) He compels her to submit by force, or by threat of death,

bodily harm, physical pain, or kidnapping, to be inflicted upon her or anyone

else; or

(2) He has substantially impaired her power to appraise or control

his or her conduct by administering or employing without her consent or

knowledge, any drug, intoxicant, or other means for the purpose of

preventing awareness or resistance; or

(3) The female is unconscious; or

(4) He knows or reasonably should know that the female is of

such a state of consciousness or of mind, or that she suffers from a mental

disease or defect, which renders her incapable of recognizing the nature of

his or her conduct; or

(5) The female is less than eighteen (18) years of age.

Penetration however slight constitutes sexual intercourse for the

purpose of this subsection a.

A person guilty of rape may be sentenced to imprisonment for a period

not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars

($5,000.00), or both.

b. Deviate Sexual Contact. Any person commits the offense of

deviate sexual contact with another person if:

(1) He compels another person to participate by force, or by

threat of death, bodily harm, physical pain, or kidnapping, threatened to be

inflicted upon the victim or anyone else; or

(2) He has substantially impaired the victim's power to appraise

or control either person's conduct by administering or employing without the

victim's consent or knowledge, any drug, intoxicant, or other means for the

purpose of preventing awareness or resistance; or

(3) The victim is unconscious; or

(4) He knows or reasonably should know that the victim is of such

a state of consciousness or of mind, or that the victim suffers from a mental

disease or defect, which renders the victim incapable of recognizing the

nature of either person's conduct; or

(5) The victim is less than eighteen (18) years of age.

The term "deviate sexual contact" as used in this subsection b.

means any act of sexual gratification between human beings who are not

husband and wife, involving contact of the genital organs of one and any

other orifice of the body of another. A person guilty of deviate sexual

contact may be sentenced to imprisonment for a period not to exceed one

(1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

c. Sexual Assault. Any person who subject another person not his

spouse to any sexual contact commits the offense of sexual assault if:

(1) He knows or reasonably should know that the sexual contact

is offensive to the other person; or

(2) He has substantially impaired the power of the other person to

appraise or control either person's conduct by administering or employing

without consent or knowledge of the other person any drug, intoxicant or

other means for the purpose of preventing awareness or resistance; or

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(3) He knows or reasonably should know that the other person is

of such a state of consciousness or of mind, or that the other person suffers

from a mental disease or defect, which renders that person incapable of

recognizing the nature of either person's conduct; or

(4) The other person is less than eighteen (18) years of age.

The term "sexual contact" as used in this subsection c. is any

intentional touching of the genital organs of a male or female person, or the

breasts of a female person, or any portion of the body of a female person

between the knees and a line around the circumference of the abdomen at

the point of the navel, whether the touching is on the bare skin or on

intervening clothing. Any person guilty of sexual assault may be sentenced

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

exceed Five Thousand Dollars ($5,000.00), or both.

d. Special Limitation. No prosecution may be instituted or

maintained for rape, deviate sexual contact, or sexual assault unless the

alleged offense was brought to the notice of the Tribal Police Department or

other law enforcement official within thirty (30) days after its occurrence,

except when the alleged victim is less than sixteen (16) years of age or

otherwise incompetent to make complaint at the expiration of said thirty

(30) day period. In such case, notice to the Tribal Police Department or

other law enforcement official is sufficient if given within thirty (30) days

after a parent, guardian, or other competent person specially interested in

the victim learns of the offense, or within thirty (30) days after the victim

attains the age of sixteen (16) years or the other incompetency is removed,

whichever is the shortest period.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

CHAPTER D. OFFENSES AGAINST PROPERTY.

Section 321. Arson.

A person who, without legal justification or lawful authority to do so,

intentionally sets fire to, burns, causes to be burned, or by the use of any

explosive damages or destroys, or causes to be damaged or destroyed, any

property of another, including public property or that of any unit of

government, or in which another has any legally recognizable interest,

commits the offense of arson. A person guilty of arson may be sentenced to

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

exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 322. Burglary.

A person commits the offense of burglary if:

He knowingly enters, breaks into or remains unlawfully in a

building or other structure with intent to commit therein a crime against a

person or property, other than criminal trespass as defined in Section 327;

Without legal justification or lawful authority he enters or

breaks into any vault, safe, cash register, coin vending machine, product

dispenser, money depository, safety deposit box, telephone coin box,

vehicle, or other apparatus or equipment whether or not coin operated with

intent to take, use, or steal such object or facility or anything therein.

A person guilty of burglary may be sentenced to imprisonment for a

period not to exceed one (1) year, or a fine not to exceed Five Thousand

Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 323. Robbery.

A person who, without legal justification or lawful authority, takes

anything of value from the person or presence of another by the use of

force, threats, coercion, or intimidation commits the offense of robbery. A

person guilty of robbery may be sentenced to imprisonment for a period not

to exceed one (1) year, or a fine not to exceed Five Thousand Dollars

($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 324. Theft.

A person commits the offense of theft when he knowingly obtains or

exercises control over any thing of value of another without authorization, or

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by threat or deception, or knowing said thing of value to have been stolen;

and

a. Intends to deprive such other person permanently of the use

or benefit of the thing of value; or

b. Knowingly uses, conceals, or abandons the thing of value in

such manner as to deprive such other person permanently of its use or

benefit; or

c. Uses, conceals, or abandons the thing of value intending that

such use, concealment, or abandonment will deprive such other person

permanently of it use and benefit; or

d. Demands any consideration to which he is not legally entitled

as a condition of restoring the thing of value to such other person; or

e. Having lawfully obtained possession for temporary use of the

personal property of another, deliberately fails to reveal the whereabouts of

or to return said property to the owner thereof or his representative or to

the person from whom he has received it, with the intent to permanently

deprive such other person of its use and benefit.

A person guilty of theft wherein the value of the thing of value stolen

does not exceed Five Hundred Dollars ($500.00) may be sentenced to

imprisonment for a period not to exceed six (6) months, or a fine not to

exceed Five Hundred Dollars ($500.00), or both. A person guilty of theft

wherein the value of the thing of value stolen exceeds Five Hundred Dollars

($500.00) may be sentenced to imprisonment for a period not to exceed one

(1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00) or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 4.]

Section 325. Illegally Receiving Property.

A person guilty of illegally receiving property wherein the value of the

property illegally received does not exceed Five Hundred Dollars ($500.00)

may be sentenced to imprisonment for a period not to exceed six (6)

months, or a fine not to exceed Five Hundred Dollars ($500.00), or both. A

person guilty of illegally receiving property wherein the value of the property

illegally received exceeds Five Hundred Dollars ($500.00) may be sentenced

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

exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 5.]

Section 326. Abusing Property.

A person commits the offense of abusing property if, without legal

justification or lawful authority, he knowingly uses or damages any property

not exclusively his own. A person guilty of abusing property may be

sentenced to imprisonment for a period not to exceed three (3) months, or a

fine not to exceed Five Hundred Dollars ($500.00), or both.

Section 327. Criminal Trespass.

A person commits the offense of criminal trespass if, knowing or

having reasonable cause to know that he is not licensed or privileged to do

so, he willfully enters or remains upon or within any building structure, or

land, or portion thereof after being ordered or notified not to enter or remain

therein or thereupon. Such notice or order may be given by:

intruder; or

Written or verbal communication actually given to the

b. Written notice posted on or about the property in a manner

reasonably likely to come to the attention of potential intruders; or

c. Fences, barricades, or other devices manifestly designed to

enclose the property and to exclude potential intruders.

A person guilty of criminal trespass may be sentenced to imprisonment

for a period not to exceed three (3) months, or a fine not to exceed Two

Hundred and Fifty Dollars ($250.00), or both.

Section 328. Joyriding.

A person who drives or takes away any motor vehicle without the

consent of the owner or lawful possessor thereof, or participates with any

other person in such conduct, with the intent of temporarily depriving the

owner or rightful possessor of the use of the same, or of temporarily making

use thereof, commits the offense of joyriding. For the purpose of this

Section, "temporarily depriving" and "temporarily making use" shall refer to

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a period of time of not more than twenty-four (24) hours. If the offender

intends to use or deprive the owner or rightful possessor of the use of the

motor vehicle and in fact the owner or rightful possessor is deprived of the

use of the motor vehicle, for a period in excess of twenty-four (24) hours, it

shall be conclusively presumed that the person driving or taking away the

motor vehicle without the consent of the owner or lawful possessor thereof

intended to permanently deprive the owner or lawful possessor of its use

and benefit. A person guilty of joyriding may be sentenced to imprisonment

for a period not to exceed thirty (30) days, or a fine not to exceed One

Hundred Dollars ($100.00), or both; provided, however, that if the vehicle is

damaged while the owner or lawful possessor thereof is deprived of its use,

the offender may be sentenced to imprisonment for a period not to exceed

three (3) months or a fine not to exceed Five Hundred Dollars ($500.00), or

both.

Section 329. Littering.

Any person who deposits, throws, dumps, discards, abandons, or

leaves any litter on any public or private property or waters commits the

offense of littering, unless:

(1) Such property is an area designated by law for the disposal

of such litter and such person is authorized by the proper public authority to

so use such property; or

(2) The litter is placed in a receptacle or container installed on

such property for such use by the public or such person placing litter in it; or

(3) Such person is the owner or tenant in lawful possession of

such property, or has first obtained written consent of the owner or tenant in

lawful possession, or unless the act is done under the personal direction of

said owner or tenant.

The term "litter" as used in this Section means all rubbish, waste

material refuse, garbage, trash, debris, or other foreign substances, solid or

liquid, of every form, size, kind and description. A person guilty of the

offense of littering may be sentenced to imprisonment for a period not to

exceed thirty (30) days, or a fine not to exceed One Hundred Dollars

($100.00), or both.

CHAPTER E. OFFENSES INVOLVING FRAUD OR DECEIT

Section 330. Forgery.

A person commits the offense of forgery if with intent to defraud he

falsely makes, completes, alters, offers, issues, utters, delivers, files, or

submits a written instrument or any portion thereof, for the purpose of

obtaining money or other consideration or thing of value, for himself or any

other person. A person guilty of forgery may be punished by imprisonment

not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars

($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 331. Fraud.

A person commits the offense of fraud if he obtains money, property,

gain, advantage, credit, interest or asset from another by intentional

misrepresentation or deceit. A person guilty of fraud may be sentenced to

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

exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 332. Passing Bad Checks.

A person commits the offense of passing a bad check when he makes,

utters, issues, delivers or passes a written order to pay a sum of money,

drawn on a bank, payable on demand or at a time certain, and signed by the

drawer, when the person so acting knows or has reasonable cause to know

at that time the order will not be paid or honored by the drawee because of

insufficient funds or the lack of an account of the drawer deposited or on

account with the drawee. A person guilty of passing a bad check may be

sentenced to imprisonment for a period not to exceed six (6) months, or a

fine not to exceed Five Hundred Dollars ($500.00), or both.

CHAPTER F.

OFFENSES INVOLVING PUBLIC PEACE, WELFARE, ORDER AND

GOVERNMENT OPERATIONS.

Section 333. Bribery.

A person commits the offense of public bribery, if:

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(1) He offers, confers, bestows or agrees to confer or bestow any

personal or pecuniary benefit, gain, privilege or advantage upon a public

servant, or other person designated or agreed to by the public servant, with

the intent to improperly influence the public servant's vote, opinion,

judgment exercise of discretion, or other action or inaction in his official

capacity; or

(2) While serving as a public servant, he solicits, accepts, or

agrees to accept any personal or pecuniary benefit, gain privilege or

advantage directed to himself or another person designated or agreed to by

the public servant, upon an agreement or understanding that the vote,

opinion, judgment, exercise of discretion, or other action or inaction by him

as a public servant will be influenced thereby.

The term "public servant" as used in this Section means any officer,

agent, representative, or employee of an entity or jurisdiction of

government, including that of the Colorado River Indian Tribes, the United

States, or any state or division thereof, whether elected or appointed, and

any person participating as an advisor or consultant of government, or

otherwise performing a governmental function or a service to a government.

b. A person commits the offense of private bribery, if:

(1) He offers, confers, bestows, or agrees to confer or bestow

any personal or pecuniary benefit, gain, privilege or advantage upon any

other person, or upon any third person designated or agreed to by that other

person, as consideration for that other person violating or agreeing to violate

a duty to which he is subject as:

(a) Agent or employee; or

(b) Trustee, guardian, or other fiduciary; or

professional advisor; or

(d) Officer, director, partner, manager, or other participant

in the affairs of an incorporated or unincorporated firm, enterprise, company

or association; or

(e) Duly elected or appointed representative or trustee of a

labor organization or a trust fund; or

or referee; or

(f) Arbitrator or other purportedly disinterested adjudicator

(2) He is a person owing a duty in any capacity set forth in (a)

through (f) above, and while in that status he solicits, accepts, or agrees to

accept any personal or pecuniary benefit, gain, privilege or advantage

directed to himself or another person designated or agreed to by him, upon

an agreement or understanding that he will violate or agree to violate his

said duty.

a. A person commits the offense of bribery in sports, if:

(1) He offers, confers, bestows, or agrees to confer or bestow

any benefit upon threatens any detriment to a participant or official in a

sports contest or event, directed either to that person or such other person

as may be designated or agreed to by that person, with the intent to

influence that person not to give his best efforts as a participant or with

intent to influence him to perform his duties as an official improperly; or

(2) Being a sports participant or official in a sports contest he

accepts, agrees to accept, or solicits any benefit, directed to himself or such

other person as may be designated or agreed to by him, from another

person upon an understanding that he will thereby be influenced not to give

his best and honest efforts as a participant or official in a sports contest.

b. A person guilty of public bribery, private bribery, or bribery in

sports may be sentenced to imprisonment for a period not to exceed one (1)

months, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 334. Abuse of Office.

A person commits the offense of abuse of office if with corrupt intent

he acts or purports to act in an official capacity, including willful failure to

act, so as to obtain any personal or pecuniary benefit, gain, advantage or

privilege to which he is not entitled in or by the performance of his official

duties. A person guilty of abuse of office may be sentenced to imprisonment

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for a period not to exceed one (1) year, or a fine not to exceed Five

Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 335. Riot.

As used in this Section the term "riot" means a public disturbance

involving an assemblage of three (3) or more persons which by tumultuous

and violent conduct creates substantial danger of damage or injury to

property or persons or substantially obstructs the performance of any lawful

governmental function. A person commits the offense of rioting if he

engages in a riot. A person commits the offense of inciting a riot if he:

a. Incites or urges a person to participate or engage in a current

or potential riot; or

b. Gives commands, instructions, or signals to other persons in

furtherance of a riot; or

riot; or

c. Knowingly supplies a weapon or destructive device for use in a

d. Teaches another to prepare or use a weapon or destructive

device with intent that it be used in a riot.

A person guilty of rioting or of inciting to riot may be sentenced to

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

Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 336. Disobedience of Public Safety Orders Under Riot Conditions.

A person commits the offense of disobedience of a public safety order

under riot conditions if during a riot, or when one is impending, he

intentionally disobeys a reasonable public safety order to move, disburse, or

refrain from specified activities in the immediate vicinity of the riot. A public

safety order is an order designed to prevent or control disorder, or promote

the safety of persons or property, issued by an authorized member of the

police, fire, military, or other governmental force concerned with the riot. A

person guilty of disobedience of a public safety order during riot conditions

may be sentenced to imprisonment for a period not to exceed five (5) days

or a fine not to exceed One Hundred Dollars ($100.00), or both.

Section 337. Obstructing Highway or Other Passageway.

A person commits the offense of obstructing a highway or other

passageway if without legal privilege he intentionally, knowingly or

recklessly:

a. Obstructs a highway, street, sidewalk, railway, water way,

building entrance, elevator, aisle, stairway, or hallway to which the public or

a substantial group of the public has access; or any other place used for the

passage of persons, vehicles, or conveyances, whether the obstruction arises

from his acts alone or from his acts and the acts of others; or

b. Disobeys a reasonable request or order to move issued by a

police officer, fireman, or a person with authority to control the use of the

premises, to prevent obstruction of a highway or passageway, or to maintain

public safety by disbursing those gathered in dangerous proximity to a fire,

riot, or to other hazard.

A person guilty of obstructing a highway or other passageway may be

sentenced to imprisonment for a period not to exceed thirty (30) days, or a

fine not to exceed Two Hundred and Fifty Dollars ($250.00), or both.

Section 338. Trespass or Interference in Public Buildings.

A person commits the offense of trespass or interference in public

buildings if he so conducts himself at or in any public building or facility

owned or controlled by the Tribes or any other governmental entity, so as to

willfully deny to any public official, public employee, or member of the public

the lawful rights of such person to enter, to use the facilities of, or to leave

any such public building or facility. It shall also be an offense under this

Section for any person:

a. At or in any such public building or facility to willfully impede

any public official or employee in the lawful performance of duties or

activities through the use of restraint, abduction, coercion, intimidation, or

by force and violence or threat thereof; or

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b. To willfully refuse or fail to leave any such public building or

facility upon being requested to do so by the chief administrative officer, or

his designee, charged with maintaining order in such public building or

facility, if such person has committed, is committing, threatens to commit,

or incites others to commit any act which does, or would if completed,

disrupt, impair, interfere with, or obstruct the lawful missions, processes,

procedures, or functions being carried on in such public building or facility;

c. At any meeting or session conducted by any judicial,

legislative, or administrative body or official at, or in, any public building or

facility, to willfully impede, disrupt, hinder the normal proceedings of such

meeting or session by any act of intrusion into the chamber or other areas

designated for the use of the body or official conducting such meeting or

session, or to commit any act designed to intimidate, coerce, or hinder any

member of such body or official engaged in the performance of duties at

such meeting or session.

A person guilty of trespass or interference in public buildings may be

sentenced to imprisonment for a period not to exceed three (3) months, or a

fine not to exceed Two Hundred and Fifty Dollars ($250.00), or both.

Section 339. Obstructing Performance of Police Duties.

A person commits the offense of obstructing performance of police

duties if he willfully prevents or attempts to prevent a police officer or other

duly authorized law enforcement officer from effecting an arrest or otherwise

discharging the duties of his office by any of the following:

a. Creating or appearing to create a risk of bodily harm to the

officer or any other person; or

b. Employing means or threatening to employ means which

would justify or require force on the part of the officer to overcome them; or

c. Escaping, attempting to escape, or assisting or attempting to

assist another to escape from custody of the officer.

A person guilty of obstructing performance of police duties may be

imprisoned for a period not to exceed one (1) year, or a fine not to exceed

Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 340. Desecration.

A person commits the offense of desecration if he intentionally

defaces, damages, pollutes, or otherwise physically mistreats or destroys in

any way any public monument, public structure or facility, or place of

worship or burial, or desecrates in a public place any other object of

veneration or respect by the public or a significant segment thereof. A

person guilty of desecration may be sentenced to imprisonment for a period

not to exceed three (3) months, or a fine not to exceed Five Hundred Dollars

($500.00), or both.

Section 341. Disobedience of a Court Order.

A person commits the offense of disobedience of a court order if he

willfully disobeys any outstanding order, subpoena, warrant or command

duly issued by the Courts of the Tribes or of any judge thereof. A person

guilty of disobedience of a court order may be sentenced to imprisonment

for a period not to exceed six (6) months, or a fine not to exceed Five

Hundred Dollars ($500.00), or both.

Section 342. Perjury.

A person commits the offense of perjury if he makes any sworn

statement, either in writing or orally, or a sworn affidavit, knowing or having

reasonable cause to know the same to be false, or if he induces another

person to do so. A person guilty of perjury may be sentenced to

imprisonment for a period not to exceed three (3) months, or a fine not to

exceed Three Hundred Dollars ($300.00), or both; provided, however, that if

any other person is unjustly deprived of liberty or property, or the use or

benefit thereof, as a result of such perjury, the sentence therefor may be

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

exceed Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 343. Disorderly Conduct.

A person commits the offense of disorderly conduct if he intentionally,

knowingly, or recklessly:

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a. Uses abusive, indecent, profane, or vulgar language in a

public or private place which by its very utterance tends to incite violence,

unlawful conduct, or breach of peace by others, or

b. Makes an offensive gesture or display in a public place which

by its very nature tends to incite violence, unlawful conduct, or a breach of

the peace by others; or

c. Abuses or threatens a person in a public or private place in a

manner calculated to place the threatened person in fear of bodily harm; or

d. Makes unreasonable noise in a public place, or on or near

private property that he has no right to occupy; or

Fights with another in a public or private place; or

f. Not being lawfully authorized or privileged to do so discharges

a firearm in a public or private place; or

g. Not being legally authorized to do so, displays a deadly

weapon in a public or private place in a manner calculated to alarm; or

h. Not being legally justified to do so disrupts any lawful public

or religious meeting or assembly; or

i. Lies or sleeps on any public street, alley or sidewalk, or in any

other public place, or upon private property that he has no right to occupy.

Any person guilty of disorderly conduct may be sentenced to

imprisonment for a period not to exceed fifteen (15) days, or a fine not to

exceed One Hundred and Fifty Dollars ($150.00), or both.

[As Amended December 10, 1976, Ord. No. 26F.]

Section 344. Causing or Maintaining a Public Nuisance.

A person commits the offense of causing or maintaining a public

nuisance if he:

uses; or

permits to be used; or

allows to be in such condition,

any real or personal property under his control so as to damage, injure or

endanger the health, safety or property of another person or the public. A

person guilty of causing or maintaining a public nuisance may be sentenced

to imprisonment for a period not to exceed thirty (30) days, or a fine not to

exceed Two Hundred and Fifty Dollars ($250.00), or both, and may be

ordered by the court to abate or eliminate the nuisance. Such an order to

abate or eliminate the nuisance shall include the identification of the

nuisance and the period of time in which it must be abated or eliminated.

Section 345. Carrying a Concealed Weapon.

A person commits the offense of carrying a concealed weapon if,

without legal justification, or lawful authority as hereinafter provided, he

knowingly carries concealed on or about his person a knife, firearm, or other

dangerous weapon as hereinafter defined.

a. It shall be an affirmative defense that the accused was:

(1) Lawfully authorized to carry such knife, firearm or other

dangerous weapon concealed on or about his person, which lawful authority

shall be by permit issued by the Tribal Council or such other authority

designated by it, or by written permit or other authority of the United

States;

(2) A police or other law enforcement officer of the Tribes or

the United States acting in the performance of his official duties; or

(3) Was in his own dwelling, or place of business, or on

property owned or under his control at the time of the act of carrying; or

(4) Was in a private automobile or other means of

conveyance and was carrying the weapon therein for lawful protection of his

or another person's person or property while traveling.

b. The following definitions apply to this Section:

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(1) "Knife" means any dagger, dirk, knife, sword, spear, or

stiletto with a blade over three and one-half (3½) inches in length, or any

other instrument capable of inflicting cutting, stabbing, or tearing wounds,

but it does not include a hunting or fishing knife carried for sports or other

lawful use.

(2) "Firearm" means any gun, revolver, pistol, rifle, shotgun, or

other weapon which discharges a projectile by explosive force.

(3) "Dangerous weapon," in addition to a firearm or knife,

includes any dart, blow-gun, air or pellet gun, non-safety razor, blackjack,

billy club, sand club, sand bag, any hand-operated striking weapon

consisting at the striking end of an encased heavy substance or at the

handle end a strap or springy shaft which increases the force of impact, any

device designed for propelling by release of gas or spring pressure, any

device designed to discharge chemicals as an offensive or defensive weapon,

a bomb or any other explosive or incendiary device or Molatov cocktail,

brass knuckles or other device intended to be worn on the hand or other

part of the body for infliction of injury to another person.

A person guilty of carrying a concealed weapon may be sentenced to

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

Five Thousand Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 346. Adultery.

A person commits the offense of adultery by having voluntary sexual

intercourse with another person if either of such persons is married to a

third person; provided, however, it shall be an affirmative defense of a

person charged with adultery that such person had no knowledge or

reasonable cause to have knowledge that either participant was married to a

third person. A person guilty of adultery may be sentenced to imprisonment

for a period not to exceed fifteen (15) days, or a fine not to exceed One

Hundred and Fifty Dollars ($150.00), or both. No prosecution may be

instituted or maintained for adultery except upon the complaint of a spouse

of either of the offenders, nor unless criminal proceedings are commenced

by such person by the filing of a written complaint within thirty (30) days

after discovery by the complainant of the alleged adultery.

Section 347. Unlawful Cohabitation.

A person commits the offense of unlawful cohabitation if that person

customarily or regularly lives or cohabits with another person as husband

and wife, not being married to such other person. A person guilty of

unlawful cohabitation may be sentenced to imprisonment for a period not to

exceed five (5) days, or a fine not to exceed Fifty Dollars ($50.00), or both.

Section 348. Bigamy.

A person is guilty of the offense of bigamy if knowing or having

reasonable cause to know that he is then married, he marries another

person, or he marries another person knowing or having reasonable cause to

know that such other person is then married to a third person. A person

guilty of bigamy may be sentenced to imprisonment for a period not to

exceed three (3) months, or a fine not to exceed Two Hundred and Fifty

Dollars ($250.00), or both.

Section 349. Incest.

A person commits the offense of incest who knowingly marries or has

sexual intercourse with an ancestor or descendant, a brother or sister of the

whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood.

A person guilty of incest may be sentenced to imprisonment for a period not

to exceed three (3) months, or a fine not exceed two Hundred and Fifty

Dollars ($250.00), or both.

Section 350. Indecent Exposure.

A person commits the offense of indecent exposure by deliberately

exposing the genital organs of a person to the view of another person or

persons or by exposing them under such circumstances that the exposing

person has reasonable cause to know that such exposure may be viewed by

another person or persons, if in either event the exposing person knows or

has reasonable cause to know the conduct may offend some person or

persons viewing the same. A person guilty of indecent exposure may be

sentenced to imprisonment for a period not to exceed thirty (30) days, or a

fine not to exceed One Hundred Dollars ($100.00), or both.

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Section 351. Prostitution and Related Offenses.

A person who performs, offers, or agrees to perform any act of

sexual intercourse, or any act of deviate sexual contact with any person not

the spouse of the offender in exchange for money or any other thing or

consideration of value commits the offense of prostitution. A person guilty

of prostitution may be sentenced to imprisonment for a period not to exceed

one hundred and twenty (120) days, or a fine not to exceed Two Hundred

and Fifty Dollars ($250.00), or both.

person:

A person commits the offense of solicitation for prostitution if that

(1) Solicits another for the purpose of prostitution; or

(2) Arranges or offers to arrange a meeting of persons for the

purpose of prostitution; or

(3) Knowingly grants or permits the use of a place of which the

person has or exercises control for the purpose of prostitution; or

(4) Knowingly lives on or is supported or maintained in whole or

in part by money or other consideration or thing of value earned, received,

procured, or realized by any person through prostitution; or

(5) By word, gesture, or action endeavors to further the practice

of prostitution in any public place or within public view; or

(6) Who furnishes or makes available to another person any

facility, knowing that the same is to be used for or in aid of prostitution, or

who shall advertise in any manner that he furnishes or is willing to furnish or

make available any such facility for such purpose.

A person guilty of soliciting for prostitution may be sentenced to

imprisonment for a period not to exceed one hundred and twenty (120)

days, or a fine not to exceed Two Hundred and Fifty Dollars ($250.00), or

both.

A person who engages in any act of sexual intercourse or of

deviate sexual contact with a prostitute commits the offense of patronizing a

prostitute. A person guilty of patronizing a prostitute may be sentenced to

imprisonment for a period not to exceed one hundred and twenty (120)

days, or a fine not to exceed Two Hundred and Fifty Dollars ($250.00), or

both.

Section 352. Offenses Concerning Liquor.

a. Illegal Consumption of Liquor. A person commits the offense of

illegal consumption of liquor if he consumes any malt, vinous or spirituous

liquor in any public place except on premises upon which there is lawful

authority to sell such liquor by the drink for consumption thereon.

Possession of a container of malt, vinous or spirituous liquor on which the

United States excise tax seal has been broken or removed, or from which

the cap, cork, or seal placed thereon by the manufacturer has been removed

shall constitute a rebuttable presumption of consumption. A person guilty of

illegal consumption of liquor may be sentenced to imprisonment for a period

not to exceed thirty (30) days, or a fine not to exceed One Hundred Dollars

($100.00), or both.

b. Delivery of Liquor to a Person Under the Age of Twenty-One. A

person commits the offense of delivering liquor to a person under the age of

twenty-one (21) if he sells, furnishes, procures for, or knowingly assists in

the furnishing of any malt, vinous or spirituous liquor to any person under

the age of twenty-one (21) years. A person guilty of delivery of liquor to a

person under the age of twenty-one (21) may be sentenced to imprisonment

for a period not to exceed six (6) months, or a fine not to exceed Five

Hundred Dollars ($500.00), or both.

c. Under Age Possession of Liquor. A person under the age of

twenty-one (21) years commits the offense of under-age possession of

liquor if he buys, receives, possesses, or consumes, or attempts to buy,

receive or possess any malt, vinous or spirituous liquor. Violations of this

subsection committed by persons under the age of eighteen (18) years shall

be handled in accordance with Article 1. of the Domestic Relations Code of

the Colorado River Indian Tribes. A person under the age of twenty-one

(21) years who is guilty of underage possession of liquor may be confined in

an appropriate facility for a period not to exceed thirty (30) days, or required

to pay a fine in an amount not to exceed Fifty Dollars ($50.00), or both.

d. For the purposes of this Section, malt, vinous or spirituous liquor

includes beer and any other beverage obtained by the alcoholic fermentation

of any infusion or decoction of barley, malt, hops or any other similar

product or any combination thereof in water; wine and fortified wines and

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any other alcoholic beverage obtained by the fermentation of the natural

sugar contents of fruits or other agricultural product containing sugar; and

any alcoholic beverage obtained by distillation, mixed with water and other

substances in solution, including brandy, rum, whiskey, gin and every liquid

or solid, patented or not, containing alcohol and which is manufactured

primarily for beverage purposes.

[As Amended, October 11, 1986, nunc pro tunc August 9, 1986, Ord. No.

86-3.]

Section 353. Public Intoxication.

A person commits the offense of public intoxication if he appears in

any public place manifestly under the influence of alcohol, narcotics, or other

drugs to the degree that he may endanger himself or other person or

property. A person guilty of public intoxication may be sentenced to

imprisonment for a period not to exceed thirty (30) days, or a fine not to

exceed One Hundred Dollars ($100.00), or both.

Section 354. Possession or Furnishing of Narcotics.

a. A person commits the offense of possession or furnishing of

narcotics if he knowingly possesses, manufactures, transports, sells,

consumes, uses, cultivates, or trades in any of the following:

(1) Marijuana or any portion of the plant cannabis sativa L. or

any substance containing it.

This Section does not apply to hemp cultivation and production,

defined as the agricultural commodity Cannabis sativa L. and any part of

that plant, including the seeds thereof and all derivatives, extracts,

cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or

not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3

percent on a dry weight basis.

(2) Opium, morphine, codeine, hashish, or heroin; or

(3) Any drug or other substance identified or defined as a

"controlled substance" under the provisions of Chapter 13, Title 21, United

States Code, as amended to the date of the offense.

This Section shall not apply to the possession, furnishing or use of any

substance for medical purposes under the prescription or supervision of a

person licensed by the United States or one of the states thereof to

administer, prescribe, control or dispense such substance. A person guilty of

the offense of possession of narcotics may be sentenced to imprisonment for

a period not to exceed one (1) year, or a fine not to exceed Five Thousand

Dollars ($5,000.00), or both; provided, however that if any person over the

age of eighteen (18) years is guilty of an offense under this Section by

providing or furnishing such substance to a person under the age of eighteen

(18) years, the maximum sentence specified hereunder shall be imposed in

its entirety by the court.

[As Amended July 11, 2019 by Ord. No. 19-01 amending Section 354(a)(1).]

Seizure of Vehicles used in Narcotics Violations:

(1) The interest of legal owner or owners of record of any vehicle

used to transport unlawfully a narcotic drug, or in which a narcotic drug is

unlawfully kept, deposited or concealed, or in which a narcotic is unlawfully

possessed by an occupant, shall be forfeited to the Tribes.

Any peace officer making or attempting to make an arrest for a

violation of this Section shall seize the vehicle used to transport unlawfully a

narcotic drug, or in which a narcotic drug is unlawfully possessed by an

occupant, and shall immediately deliver the vehicle to the Tribal Chief of

Police.

(2) A peace officer who seizes a vehicle under the provisions of

this Section shall file a notice of the seizure and intention to institute

forfeiture proceedings with the Judicial Clerk of the Tribal Court, and the

Judicial Clerk shall serve notice thereof on all owners or claimants of the

vehicle, by one of the following methods:

a. Upon an owner or claimant whose right, title or interest is

of record in the division of motor vehicles where the vehicle is registered and

licensed, by mailing a copy of the notice by registered mail to the address on

the records of the appropriate motor vehicle division.

b. 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.

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c. 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 on the Reservation.

(3) Within twenty (20) days after the mailing or publication of a

notice of seizure, as provided, 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.

(4) 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 Tribes.

(5) 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

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 a lien dependent upon possession for the

compensation to which he is legally entitled for making repairs or performing

labor upon and furnishing supplies or materials, for, and for the storage,

repair or safekeeping of any vehicle and no person doing business under any

law of a 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 of 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) 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.

(7) If the amount due the claimant is less than the value of the

vehicle, the vehicle shall be sold at public auction by the Tribal Chief of

Police.

(8) When a vehicle is seized, forfeited and sold under the

provision of this Section, the net proceeds of the sale shall be distributed as

follows and in the order indicated:

(a) To the bona fide or innocent purchaser, conditional sales

vendor or mortgagee of the vehicle, if any, up to the amount of his interest

in the vehicles, when the court declaring the forfeiture orders a distribution

to such person.

(b) The remainder, if any, to the Tribal Treasurer, for deposit

in the General Fund.

(9) If the court finds that the vehicle was not used to transport

narcotic drugs, it shall order it released to the owner as his right, title or

interest appears of record as the date of the seizure.

(10) Exemption. The provisions of this Section relating to

forfeiture of vehicles shall not apply to a common carrier or to a peace

officer acting within the scope of his employment.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 355. Inhaling Toxic Vapors.

A person commits the offense of inhaling toxic vapors if he, for the

purpose of becoming intoxicated or subjecting himself to the influence of

them, willfully inhales the vapors or fumes of paint, gasoline, glue or any

other substance producing intoxicating fumes or vapors. A person guilty of

inhaling toxic vapors may be sentenced to imprisonment for a period not to

exceed thirty (30) days, or a fine not to exceed Two Hundred and Fifty

Dollars ($250.00), or both.

Section 356. Child Abuse.

A person commits the offense of child abuse if he knowingly,

intentionally, or negligently, and without legal justification, causes or

permits a person under the age of eighteen (18) years to be:

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Placed in a situation that may endanger its life or health; or

Exposed to the inclemency of the weather; or

Abandoned, tortured, cruelly confined, or cruelly punished; or

Deprived of necessary food, clothing or shelter.

A person guilty of child abuse may be sentenced to imprisonment for a

period not to exceed one (1) year, or a fine not to exceed Five Thousand

Dollars ($5,000.00), or both.

[As Amended January 11, 1992, Ord. No. 92-1, § 1.]

Section 357. Contributing to the Delinquency of a Minor.

A person commits the offense of contributing to the delinquency of a

minor if he knowingly causes, encourages or assists a person under the age

of eighteen (18) years to be delinquent. For purposes of this Section 357,

delinquent shall mean (1) a child who has violated a law of the Tribes or of a

federal or state government, or any political subdivision thereof; (2) a child

who, by reason of being incorrigible or habitually disobedient, is uncontrolled by his parents, guardian or custodian; (3) a child who is habitually

truant from school or home; (4) a child who knowingly and habitually acts so

as to injure or endanger the morals or health of himself or others. A person

guilty of contributing to the delinquency of a minor may be sentenced to

imprisonment for a period not to exceed six (6) months, or a fine not to

exceed Five Hundred Dollars ($500.00), or both.

[As Amended March 10, 1990, Ord. No. 90-2, § IIa.]

Section 358. Cruelty to Animals.

A person commits an offense of cruelty to animals if, except as

otherwise authorized by law or with legal justification, he intentionally or

recklessly:

Subjects any animal to mistreatment; or

Subjects an animal in his custody to neglect; or

Abandons any animal; or

Kills or injures any animal belonging to another,

A person guilty of cruelty to animals may be sentenced to

imprisonment for a period not to exceed thirty (30) days, or a fine not to

exceed Fifty Dollars ($50.00), or both.

Section 359. Soliciting Without a License.

A person commits the offense of soliciting without a license if he begs

or solicits gifts or donations of money or property door to door, or by

telephone, or on the streets, sidewalks or other public places, without a

license issued by the Tribal Council or its duly authorized agency or

representative. A person guilty of soliciting without a license may be

sentenced to imprisonment for a period not to exceed thirty (30) days, or a

fine not to exceed Two Hundred Dollars ($200.00), or both.

Section 360. Transmitting False Alarms.

A person commits the offense of transmitting false alarms if he

knowingly transmits or causes to be transmitted a false message, report or

signal of fire or other emergency to or within any organization dealing with

emergencies involving danger to life or property. A person guilty of

transmitting a false alarm may be sentenced to imprisonment for a period

not to exceed thirty (30) days, or a fine not to exceed One Hundred Dollars

($100.00), or both; provided, however, if the false alarm results directly or

indirectly in injury to person or property the person guilty of the offense may

be sentenced to imprisonment for a period not to exceed six (6) months, or

a fine not to exceed Five Hundred Dollars ($500.00), or both.

Section 361. Curfew.

A person commits the offense of violation of curfew if:

a. He is a child under the age of sixteen (16) years and is found

in any public place within the Reservation between the hours of 10:00

o'clock P.M. and 6:00 o'clock A.M. unaccompanied by a parent, custodian,

guardian, or other person having legal responsibility for such child; or

b. He is the parent, custodian, guardian or other person having

legal responsibility for a child under the age of sixteen (16) years and

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permits said child to be in any public place within the Reservation between

the hours of 10:00 o'clock P.M. and 6:00 o'clock A.M. unaccompanied by a

parent, custodian or guardian having such responsibility, or who fails to

exercise reasonable supervision and control of such child to prevent such

child from being in violation of curfew.

It shall not be an offense under this Section, if a child under the age of

sixteen (16) years is traveling directly between his home and an event

supervised or under the direct control of a person over the age of eighteen

(18) years, nor if the said child is responding to an emergency situation. A

person over the age of eighteen (18) years who is guilty of violation of

curfew may be sentenced to a fine not to exceed One Hundred Dollars

($100.00).

A child under the age of sixteen (16) years who is guilty of violation of

curfew, in addition to any other court order or disposition under the

provisions of the Domestic Relations Code, may be restricted or confined to

appropriate living or other facilities for a period not to exceed thirty (30)

days.

[As Amended March 10, 1990, Ord. No. 90-2, § IIb.]

Section 362. Sewage Disposal.

A person commits the offense of improper disposal of sewage if he

empties, discharges, permits to accumulate, or deposits upon any land or

waters within the Reservation any form or amount of sewage or sewage

affluent, except that which has been properly and completely treated in an

authorized treatment plant, or which is disposed of in or by a facility and in

accordance with procedures approved by the Tribal Council or other agency

designated by it. A person guilty of improper disposal of sewage may be

sentenced to imprisonment for a period not to exceed thirty (30) days, or a

fine not to exceed One Hundred Dollars ($100.00), or both.

Section 363. Unlawful Repossession.

A person commits the offense of unlawful repossession if he

repossesses or attempts to repossess upon the Reservation any personal

property for the satisfaction or discharge, in whole or in part, of any claim or

debt, or upon the claimed default of any agreement or the terms of any

indebtedness unless first he:

a. Executes and delivers to the owner, purchaser, or other person

in possession a waiver of claim for any remaining debt or other obligation

(including finance and other charges) of the property to be repossessed, and

obtains written consent from the debtor not more than five (5) days prior to

the time of repossession; or

b. Obtains an order, decree or judgment from the Tribal Court,

made and entered after due notice to the debtor and the conduct of a

hearing. A duly authorized tribal police officer must accompany any person

who has obtained such order, decree or judgment when such person

attempts to satisfy or enforce this order, decree or judgment.

A person guilty of unlawful repossession may be sentenced to

imprisonment for a period not to exceed thirty (30) days, or a fine not to

exceed Two Hundred Dollars ($200.00), or both. In addition, a person guilty

of unlawful repossession shall be liable for damages in a civil action brought

for that purpose.

Section 364. Contempt Upon The CRIT Flag.

A person commits the offense of contempt upon the CRIT Flag if he

knowingly and publicly mutilates, defaces, defiles, burns or tramples upon

the CRIT Flag. A person guilty of contempt upon the CRIT Flag may be

sentenced to imprisonment for a period not to exceed thirty (30) days, or a

fine not to exceed One Hundred Dollars ($100.00), or both. A person not

subject to the criminal jurisdiction of the Colorado River Indian Tribes who

commits any act or engages in any conduct or activity which constitutes the

offense of contempt upon the CRIT Flag shall be expelled from the

Reservation.

[As Amended June 11, 1979, Ord. No. 26G, § 1.]

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.