PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

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PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 6

CRIMINAL LAWS

This Replacement includes laws enacted since the Pueblo of Acoma Laws 2003

pursuant to Tribal Council Resolutions dated January 1, 2016 through December 31,

2018.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - A

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 6

CRIMINAL LAWS

These laws may be cited by Title, Chapter, Section and Year as Section or

§__-__-__ Pueblo of Acoma Laws 2003 (2019 Replacement

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - B

TITLE 6

CRIMINAL LAWS

TABLE OF CONTENTS

Chapter

Page

1.

Introduction to this Title ..................................................................................... 6-1

6-1-1

Complaint ..................................................................................... 6-1

6-1-2

Special Domestic Violence Criminal Jurisdiction .......................... 6-1

6-1-3

Special Jurisdiction – Criminal Conduct Applicable...................... 6-2

6-1-4

Immunity from Liability ................................................................ 6-2

2.

Preparatory Offenses ........................................................................................ 6-3

6-2-1

Attempt; Classifications ................................................................ 6-3

6-2-2

Solicitation .................................................................................... 6-4

6-2-3

Conspiracy ................................................................................... 6-4

6-2-4

Facilitation; Classification. ............................................................ 6-4

6-2-5

Renunciation of Attempt, Solicitation, Conspiracy or Facilitation;

Defenses. ..................................................................................... 6-5

6-2-6

Effect of Immunity, Irresponsibility or Incapacity of a Party to

Solicitation, Conspiracy or Facilitation.......................................... 6-6

3.

Assault, Battery and Related Crimes ................................................................. 6-6

6-3-1

Assault ......................................................................................... 6-6

6-3-2

Aggravated Assault ...................................................................... 6-6

6-3-3

Assault with Intent to Commit a Violent Felony ............................ 6-7

6-3-4

Battery.......................................................................................... 6-7

6-3-5

Aggravated Battery ...................................................................... 6-7

6-3-6

Reasonable Detention; Assault, Battery, or Criminal Damage to

Property ....................................................................................... 6-8

6-3-7

Shooting at Dwelling or Occupied Building; and/or from a Motor

Vehicle ......................................................................................... 6-8

6-3-8

Seizure and Forfeiture of Motor Vehicle ....................................... 6-9

6-3-9

Assault; Battery of [Pueblo] Employees or Government Officials ......

................................................................................................... 6-10

6-3-10

Attempted Suicide ...................................................................... 6-12

6-3-11

[Kidnapping] and Related Offenses............................................ 6-12

6-3-12

Custodial Interference ................................................................ 6-14

6-3-13

Harassment ................................................................................ 6-14

6-3-14

Stalking ...................................................................................... 6-14

6-3-15

Aggravated Stalking ................................................................... 6-15

6-3-16

Exceptions ................................................................................. 6-15

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - i

3A.

Homicide ......................................................................................................... 6-16

6-3A-1

Murder ........................................................................................ 6-16

6-3A-2

Manslaughter ............................................................................. 6-16

6-3A-3

Justifiable Homicide by Pueblo Official or Employee ................. 6-17

6-3A-4

Justifiable Homicide by [Private Person] .................................... 6-17

3B.

Domestic and Family Violence Crimes ............................................................ 6-18

6-3B-1

Purposes .................................................................................... 6-18

6-3B-2

Jurisdiction ................................................................................. 6-18

6-3B-3

Definitions .................................................................................. 6-18

A. Abuse ................................................................................... 6-18

B. Alarm .................................................................................... 6-18

C. Coercion ............................................................................... 6-18

D. Contact ................................................................................. 6-18

E. Course of conduct................................................................. 6-19

F. Dating relationship ................................................................ 6-20

G. Dating violence ..................................................................... 6-20

H. Domestic violence ................................................................. 6-20

I. Electronic communications ................................................... 6-21

J. Electronic surveillance .......................................................... 6-21

K. Emotional Distress ................................................................ 6-21

L. Family or household member ............................................... 6-21

M. Family Violence .................................................................... 6-21

N. Foreign protection order ....................................................... 6-21

O. Indian Country ..................................................................... 6-21

P. Immediate Family ................................................................. 6-21

Q. Intimate partner..................................................................... 6-21

R. Mandatory arrest ................................................................... 6-22

S. Minor or juvenile ................................................................... 6-22

T. No Contact Order.................................................................. 6-22

U. Protection Order or Restraining Order .................................. 6-22

V. Probabl[e] cause for arrest ................................................... 6-22

W. Repeated .............................................................................. 6-23

6-3B-4

Domestic Violence ..................................................................... 6-23

6-3B-5

Interfering with the Reporting of Domestic Violence or Family

Violence ..................................................................................... 6-25

6-3B-6

Interfering with the Prosecution of Domestic Violence or Family

Violence ..................................................................................... 6-25

6-3B-7

Violation of a Domestic or Family Violence Protection, Restraining,

or No Contact Order ................................................................... 6-26

6-3B-8

Law Enforcement Duties to Victims............................................ 6-26

6-3B-9

Request for Exclusion; Prosecution of Non-Indians ................... 6-28

4.

Sexual Offenses .............................................................................................. 6-29

6-4-1

Definitions .................................................................................. 6-29

A. Force or Coercion ................................................................. 6-29

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - ii

6-4-2

6-4-3

6-4-4

6-4-5

6-4-6

6-4-7

6-4-8

6-4-9

6-4-10

6-4-11

6-4-12

B. Great Mental Anguish ........................................................... 6-29

C. Oral sexual contact ............................................................... 6-29

D. Personal Injury ...................................................................... 6-29

E. Position of Authority .............................................................. 6-30

F. Sexual contact ...................................................................... 6-29

G. Sexual intercourse ................................................................ 6-30

H. Spouse ................................................................................. 6-30

I. Without consent .................................................................... 6-30

Indecent Exposure ..................................................................... 6-30

Aggravated Indecent Exposure .................................................. 6-31

Public Sexual Indecency; Classification ..................................... 6-31

Sexual Assault ........................................................................... 6-32

Criminal Sexual Penetration ....................................................... 6-33

Defenses .................................................................................... 6-34

Corroboration ............................................................................. 6-35

Adultery; Punishment Limitation on Prosecution ........................ 6-35

Sexual Assault; Expenses of Investigation ................................. 6-35

Bigamy; Classification ................................................................ 6-35

Prostitution ................................................................................. 6-36

4A.

Crimes Against Children .................................................................................. 6-36

6-4A-1

Definitions .................................................................................. 6-36

A. Child ..................................................................................... 6-36

B. Neglect ................................................................................. 6-36

C. Negligently ............................................................................ 6-36

6-4A-2

Abuse of a Child ......................................................................... 6-36

6-4A-3

Abandonment of a Child ............................................................. 6-37

6-4A-4

Abandonment of a Dependent ................................................... 6-37

6-4A-5

Contributing to the Delinquency of a Child ................................. 6-37

6-4A-6

Obstruction of Reporting or Investigation of Child Abuse or

Neglect ....................................................................................... 6-38

6-4A-7

Sexual Exploitation of Children .................................................. 6-38

6-4A-8

Sexual Exploitation of Children by Prostitution ........................... 6-41

6-4A-9

Molestation of a Child................................................................. 6-41

6-4A-10

Criminal Sexual Contact [With] a [Child] .................................... 6-41

4B.

Protection of Elders, and Incapacitate Adults .................................................. 6-43

6-4B-1

Definitions .................................................................................. 6-43

A. Adult ..................................................................................... 6-43

B. Caretaker .............................................................................. 6-43

C. Elder ..................................................................................... 6-44

D. Great physical harm .............................................................. 6-44

E. Great psychological harm ..................................................... 6-44

F. Guardian ............................................................................... 6-44

G. Incapacitated Adult ............................................................... 6-44

H. Neglect ................................................................................. 6-44

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - iii

6-4B-2

6-4B-3

6-4B-4

I. Physical harm ....................................................................... 6-45

Abuse of an Elder or Incapacitated Adult ................................... 6-45

Abandonment of an Elder or Incapacitated Adult ....................... 6-47

Offense Enhancement When Victim is an Elder or Incapacitated

Adult ........................................................................................... 6-47

5.

Criminal Trespass and Burglary ...................................................................... 6-47

6-5-1

Definitions .................................................................................. 6-47

A. Enter or remain unlawfully .................................................... 6-47

B. Entry ..................................................................................... 6-47

C. Fenced commercial yard ...................................................... 6-47

D. Fenced residential yard ........................................................ 6-48

E. In the course of committing ................................................... 6-47

F. Nonresidential structure ........................................................ 6-47

G. Residential structure ............................................................. 6-48

H. Structure ............................................................................... 6-48

6-5-2

Criminal Trespass in the Third Degree....................................... 6-48

6-5-3

Criminal Trespass in the Second Degree................................... 6-99

6-5-4

Criminal Trespass in the First Degree ........................................ 6-48

6-5-5

Possession of Burglary Tools ..................................................... 6-49

6-5-6

Burglary in the Third Degree ...................................................... 6-49

6-5-7

Burglary in the Second Degree .................................................. 6-50

6-5-8

Burglary in the First Degree ....................................................... 6-50

6-5-9

Burglary of Vehicle ..................................................................... 6-50

6.

Criminal Damage to Property .......................................................................... 6-50

6-6-1

Definitions .................................................................................. 6-50

A. Damaging ............................................................................. 6-50

B. Defacing ............................................................................... 6-50

C. Litter ...................................................................................... 6-50

D. Tamper ................................................................................. 6-50

E. Utility ..................................................................................... 6-51

6-6-2

Criminal Damage ....................................................................... 6-51

6-6-3

Criminal Littering or Polluting ..................................................... 6-51

7.

Arson ............................................................................................................... 6-52

6-7-1

Definitions .................................................................................. 6-52

A. Damage ................................................................................ 6-52

B. Occupied structure................................................................ 6-52

C. Property ................................................................................ 6-52

D. Structure ............................................................................... 6-52

6-7-2

Reckless Burning ....................................................................... 6-52

6-7-3

Arson of an Unoccupied Structure or Property; Classification .... 6-53

6-7-4

Arson of an Occupied Structure; Classification .......................... 6-53

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - iv

8.

Theft ................................................................................................................ 6-53

6-8-1

Definitions .................................................................................. 6-53

A. Control .................................................................................. 6-53

B. Deprive ................................................................................. 6-53

C. Material misrepresentation.................................................... 6-53

D. Means of transportation ........................................................ 6-54

E. Obtain ................................................................................... 6-54

F. Property of another ............................................................... 6-54

G. Services ................................................................................ 6-54

H. Value .................................................................................... 6-54

6-8-2

Theft; Classification .................................................................... 6-54

6-8-3

Unlawful Use of Means of Transportation; Auto Theft ................ 6-55

6-8-4

Theft by Extortion ....................................................................... 6-55

6-8-5

Shoplifting; Detaining Suspect; Defense to Wrongful Detention;

Civil Action by Merchant; Classification; Public Services in Lieu of

Fines .......................................................................................... 6-56

6-8-6

Unlawful Failure to Return Rented Property; Classification........ 6-57

6-8-7

Disposal of Encumbered Property.............................................. 6-58

9.

Robbery ........................................................................................................... 6-58

6-9-1

Definitions .................................................................................. 6-58

A. Force .................................................................................... 6-58

B. In the course of committing ................................................... 6-58

C. Property of another ............................................................... 6-58

D. Threat ................................................................................... 6-58

6-9-2

Robbery ..................................................................................... 6-58

6-9-3

Aggravated Robbery .................................................................. 6-59

6-9-4

Armed Robbery; Classification ................................................... 6-59

10.

Forgery and Related Offenses......................................................................... 6-59

6-10-1

Definitions .................................................................................. 6-59

A. Coin machine ........................................................................ 6-59

B. Complete written instrument ................................................. 6-59

C. Forged instrument................................................................. 6-59

D. Incomplete written instrument ............................................... 6-59

E. Slug ...................................................................................... 6-56

F. To falsely alter a written instrument ...................................... 6-56

G. To falsely complete a written instrument ............................... 6-60

H. To falsely make a written instrument .................................... 6-60

I. Written instrument ................................................................. 6-60

6-10-2

Forgery ....................................................................................... 6-60

6-10-3

Criminal Possession of a Forgery Device .................................. 6-60

6-10-4

Criminal Simulation .................................................................... 6-61

6-10-5

Obtaining a Signature by Deception........................................... 6-61

6-10-6

Criminal Impersonation .............................................................. 6-61

6-10-7

Unlawful Use of Slugs ................................................................ 6-62

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - v

11.

Credit Card Fraud ............................................................................................ 6-62

6-11-1

Definitions .................................................................................. 6-62

A. Canceled or revoked credit cart ............................................ 6-62

B. Cardholder ............................................................................ 6-62

C. Credit card ............................................................................ 6-63

D. Expired credit card ................................................................ 6-63

E. Incomplete credit card .......................................................... 6-63

F. Issuer .................................................................................... 6-63

G. Merchant ............................................................................... 6-63

H. Participating parting .............................................................. 6-63

I. Receives or receiving ........................................................... 6-63

6-11-2

Theft of a Credit Card or Obtaining a Credit Card by Fraudulent

Means ....................................................................................... 6-63

6-11-3

Receipt of Anything of Value Obtained by Fraudulent Use of a

Credit Card ................................................................................. 6-64

6-11-4

Forgery of Credit Card ............................................................... 6-64

6-11-5

Fraudulent Use of a Credit Card ................................................ 6-65

6-11-6

Possession of Machinery, Plate or Other Contrivance or Incomplete

Credit Card ................................................................................. 6-65

6-11-7

False Statement as to Financial Condition or Identity ................ 6-66

6-11-8

Fraud by Person Authorized to Provide Goods or Services ....... 6-66

12.

Controlled Substances .................................................................................... 6-67

6-12-1

Purpose and Goal ...................................................................... 6-67

6-12-2

Definitions .................................................................................. 6-67

A. Acoma or Pueblo .................................................................. 6-67

B. Controlled substance ............................................................ 6-67

C. Exclusion .............................................................................. 6-68

D. Federal Act ........................................................................... 6-68

E. Governor ............................................................................... 6-68

F. Person .................................................................................. 6-68

G. Prosecutor ............................................................................ 6-68

H. Registered Manufacturer ...................................................... 6-68

I. State ..................................................................................... 6-68

J. Tax Administrator.................................................................. 6-68

K. Tribal Council ........................................................................ 6-68

L. Court ..................................................................................... 6-68

6-12-3

Violation of the Federal Act ........................................................ 6-68

6-12-4

Registered Manufacturer ............................................................ 6-69

6-12-5

Distribution to a Minor ................................................................ 6-73

6-12-6

Controlled Substances; Possession Prohibited; Civil Penalty .... 6-73

6-12-7

Trafficking Controlled Substances; Violation; Penalties ............. 6-75

6-12-8

Controlled or Counterfeit Substances; Distribution prohibited;

Penalties .................................................................................... 6-75

6-12-9

Penalties under Other Laws ....................................................... 6-76

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - vi

6-12-10

6-12-11

6-12-12

6-12-13

6-12-14

6-12-15

6-12-16

Conditional Discharge for Possession [of] Offender Who is Not a

Registered Manufacturer............................................................ 6-76

Probationary Period ................................................................... 6-77

Powers of Enforcement Personnel. ............................................ 6-77

Forfeitures; Property Subject. .................................................... 6-77

Forfeitures; Procedure ............................................................... 6-78

Summary Forfeiture ................................................................... 6-80

Burden of Proof .......................................................................... 6-80

13.

Business and Commercial Frauds ................................................................... 6-80

6-13-1

Definitions .................................................................................. 6-80

A. Adulterated ........................................................................... 6-80

B. Fiduciary ............................................................................... 6-80

C. Financial institution ............................................................... 6-80

D. Insolvent ............................................................................... 6-80

E. Mislabeled............................................................................. 6-81

F. Misleading statement ............................................................ 6-81

G. Security interest .................................................................... 6-81

6-13-2

Deceptive Business Practices .................................................... 6-81

6-13-3

False Advertising........................................................................ 6-82

6-13-4

Defrauding Secured Creditors .................................................... 6-82

6-13-5

Defrauding Judgment Creditors ................................................. 6-82

6-13-6

Fraud in Insolvency .................................................................... 6-82

6-13-7

Receiving Deposits in an Insolvent Financial Institution ............. 6-82

6-13-8

Usury .......................................................................................... 6-83

6-13-9

Classification .............................................................................. 6-83

14.

Organized Crime and Fraud ............................................................................ 6-82

6-14-1

Definitions .................................................................................. 6-82

A. Creditor ................................................................................. 6-83

B. Debtor ................................................................................... 6-83

C. Extortionate extension of credit............................................. 6-83

D. Extortionate........................................................................... 6-83

E. To collect an extension of credit ........................................... 6-83

F. To extend credit .................................................................... 6-83

G. Repayment of an extension of credit .................................... 6-84

H. Dealer in property ................................................................. 6-84

I. Stolen property ..................................................................... 6-84

J. Traffic .................................................................................... 6-84

K. Combination.......................................................................... 6-84

L. Criminal syndicate ................................................................ 6-84

M. Control .................................................................................. 6-84

N. Enterprise ............................................................................. 6-84

O. Financial institution ............................................................... 6-84

P. Racketeering......................................................................... 6-84

Q. Records ................................................................................ 6-86

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - vii

6-14-2

6-14-3

6-14-4

6-14-5

6-14-6

6-14-7

6-14-8

6-14-9

6-14-10

6-14-11

6-14-12

6-14-13

6-14-14

6-14-15

6-14-16

6-14-17

6-14-18

R. Access .................................................................................. 6-86

S. Computer .............................................................................. 6-86

T. Computer network ................................................................ 6-86

U. Computer program ................................................................ 6-86

V. Computer software ............................................................... 6-86

W. Computer system.................................................................. 6-86

X. Financial instrument.............................................................. 6-86

Y. Property ................................................................................ 6-86

Z. Services ................................................................................ 6-86

Making Extortionate Extensions of Credit .................................. 6-86

Reserved for Future Use ............................................................ 6-87

Reserved for Future Use ............................................................ 6-87

Permissible Inferences ............................................................... 6-87

Possession of Altered Property .................................................. 6-88

Trafficking in Stolen Property ..................................................... 6-88

Leading Organized Crime .......................................................... 6-88

Bribery of Participants in Professional or Amateur Games, Sports,

Horse Races, Dog Races, Contests........................................... 6-89

Fraudulent Schemes and Artifices ............................................. 6-89

Fraudulent Schemes and Practices; Willful Concealment .......... 6-89

Illegal Control of an Enterprise; Illegally Conducting an Enterprise...

................................................................................................... 6-89

Judicial Powers over Racketeering Criminal Cases ................... 6-90

Racketeering; Civil Remedies .................................................... 6-90

Racketeering; Investigation of Records; Confidentiality; Court

Enforcement ............................................................................... 6-92

Computer Fraud ......................................................................... 6-92

Illegal Operation of a Pawn Shop ............................................... 6-93

Punishments .............................................................................. 6-93

15.

Interference with Governmental Operations .................................................... 6-93

6-15-1

Obstruction Governmental Operations ....................................... 6-93

6-15-2

Refusing to Aid a Peace Officer ................................................. 6-94

6-15-3

Refusing to Assist in Fire Control ............................................... 6-94

6-15-4

Compounding ............................................................................. 6-95

6-15-5

Impersonating a [Pueblo official, employee or agent]................. 6-95

6-15-6

Tampering with a Public [or Pueblo] Record .............................. 6-95

6-15-7

Securing the Proceeds of an Offense ........................................ 6-96

6-15-8

Obstructing Criminal Investigations or Prosecutions .................. 6-96

6-15-9

Punishment ................................................................................ 6-97

16.

Escape and Related Offenses ......................................................................... 6-97

6-16-1

Definitions .................................................................................. 6-97

A. Contraband ........................................................................... 6-97

B. Corrections facility ................................................................ 6-97

C. Custody ................................................................................ 6-97

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - viii

6-16-2

6-16-3

6-16-4

6-16-5

6-16-6

6-16-7

6-16-8

6-16-9

6-16-10

6-16-11

6-16-12

D. Escape .................................................................................. 6-97

Escape in the Third Degree; Classification ................................ 6-98

Escape in the Second Degree; Classification ............................ 6-98

Escape in the First Degree; Classification .................................. 6-98

Promoting Prison Contraband .................................................... 6-99

Failure to Appear in the Second Degree .................................... 6-99

Failure to Appear in the First Degree ......................................... 6-99

Resisting Arrest; Giving False Information ................................. 6-99

Resisting an Order Directing, Regulating or Controlling Motor

Vehicle .................................................................................... 6-100

Hindering Prosecution; Definition ............................................. 6-100

Hindering Prosecution in the Second Degree .......................... 6-101

Hindering Prosecution in the First Degree ............................... 6-101

17.

Bribery ........................................................................................................... 6-101

6-17-1

Bribery of a [Pueblo Official, Employee or Agent] .................... 6-101

6-17-2

Trading in [Pueblo] Office ......................................................... 6-102

6-17-3

Forfeiture and Disqualification from Office; Classification ........ 6-102

18.

Perjury and Related Offenses........................................................................ 6-102

6-18-1

Definitions ................................................................................ 6-102

A. Material ............................................................................... 6-102

B. Statement ........................................................................... 6-102

C. Sworn statement ................................................................. 6-102

6-18-2

Perjury ...................................................................................... 6-103

6-18-3

False Swearing ........................................................................ 6-103

6-18-4

Unsworn Falsification ............................................................... 6-103

6-18-5

Perjury by Inconsistent Statements .......................................... 6-103

6-18-6

Limitation of Defenses .............................................................. 6-103

6-18-7

Proof of Guilt ............................................................................ 6-104

6-18-8

Punishment .............................................................................. 6-104

19.

Interference with Judicial and Other Proceedings ......................................... 6-104

6-19-1

Definitions ................................................................................ 6-104

A. Juror ................................................................................... 6-104

B. Official proceeding .............................................................. 6-104

C. Physical evidence ............................................................... 6-104

D. Testimony ........................................................................... 6-104

E. Threat ................................................................................. 6-104

6-19-2

Influencing a Witness ............................................................... 6-104

6-19-3

Receiving a Bribe by a Witness................................................ 6-105

6-19-4

Tampering with a Witness ........................................................ 6-105

6-19-5

Influencing a Juror.................................................................... 6-105

6-19-6

Receiving a Bribe by a Juror .................................................... 6-105

6-19-7

Jury Tampering ........................................................................ 6-105

6-19-8

Misconduct by a Juror .............................................................. 6-106

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - ix

6-19-9

6-19-10

6-20-11

6-19-12

6-19-13

20.

Tampering with Physical Evidence........................................... 6-106

Interfering with Judicial Proceedings ........................................ 6-106

Unlawful Disclosure of an Indictment, Information or Complaint .......

................................................................................................. 6-107

Simulating Legal Process ......................................................... 6-106

Punishment .............................................................................. 6-106

Offenses Against Public Order ...................................................................... 6-107

6-20-1

Unlawful Assembly ................................................................... 6-107

6-20-2

Riot........................................................................................... 6-107

6-20-3

Disorderly Conduct................................................................... 6-107

6-20-4

Loitering ................................................................................... 6-108

6-20-5

Obstruction a Highway or Other Public Thoroughfare .............. 6-109

6-20-6

False Reporting ........................................................................ 6-109

6-20-7

Criminal Nuisance .................................................................... 6-109

6-20-8

Residential Picketing ................................................................ 6-109

6-20-9

Cruelty to Animals or Poultry .................................................... 6-109

6-20-10

Interference with the Peaceful Conduct of Educational Institutions .

. ................................................................................................ 6-110

6-20-11

Unlawful Reading or Learning of Contents of Message in Telegraph

or Telephone Office.................................................................. 6-112

6-20-12

Disclosure or Alteration of Telephone or Telegraph Message

Without Authority ...................................................................... 6-111

6-20-13

Opening Without Authority or Procuring False Delivery of

Telephone or Telegraph Message ........................................... 6-111

6-20-14

Preventing Use of Telephone in Emergency; False Representation

of Emergency ........................................................................... 6-112

6-20-15

Use of Telephone, Email or Social Media to Terrify, Intimidate,

Threaten, Harass, Annoy or Offend ......................................... 6-113

6-20-16

Definition; Effect of Inequality of Annoyance or Damage; Conduct

Involving Obscene Items .......................................................... 6-113

6-20-17

Possession of Alcohol .............................................................. 6-114

6-20-18

Interference with Religious Ceremonies ................................... 6-114

6-20-19

Failure to Obey a Lawful Order ................................................ 6-114

6-20-20

Discharge of Fireworks ............................................................ 6-114

6-20-21

Discharge of Firearms at Religious Ceremonies or Other Public

Gatherings ............................................................................... 6-115

6-20-22

Concealed Weapons ................................................................ 6-115

6-20-23

Pornography ............................................................................ 6-115

6-20-24

Explosives ................................................................................ 6-115

6-20-25

Tampering or Interfering with the Mails .................................... 6-115

6-20-26

Malicious Prosecution .............................................................. 6-115

6-20-27

Welfare Offenses ..................................................................... 6-115

6-20-28

Criminal Negligence ................................................................. 6-116

6-20-29

Parolee Registration................................................................. 6-116

6-20-30

Possession of Firearms by a Felon .......................................... 6-116

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Page 6 - x

6-20-31

6-20-32

21.

Unauthorized Parade ............................................................... 6-116

Punishment .............................................................................. 6-116

Offenses Relating to the General Welfare ..................................................... 6-116

6-21-1

The Court System (Contempt of Court).................................... 6-116

6-21-2

Traditional Laws ....................................................................... 6-116

6-21-3

Domestic Relations .................................................................. 6-117

6-21-4

Traditional Events .................................................................... 6-118

6-21-5

Police Procedures .................................................................... 6-118

6-21-6

Classification ............................................................................ 6-119

21A. Compulsory School Attendance .................................................................... 6-119

6-21A-1

Definitions ................................................................................ 6-119

A. Habitual Truant ................................................................... 6-119

B. Student in need of early intervention or Truant ................... 6-119

C. Unexcused absence ........................................................... 6-119

6-21A-2

Enforcement of Attendance; Habitual Truants; Penalty ............ 6-119

22.

Drug Paraphernalia Act ................................................................................. 6-120

6-22-1

Definitions ................................................................................ 6-120

A. Drug paraphernalia ............................................................. 6-120

23.

Worthless Check Act .................................................................................... 6-123

6-23-1

Title and Definitions.................................................................. 6-123

1. Check ................................................................................. 6-123

2. Person ................................................................................ 6-123

3. Draw ................................................................................... 6-123

4. Thing of value ..................................................................... 6-123

5. Credit .................................................................................. 6-123

6-23-2

Purpose .................................................................................... 6-123

6-23-3

Unlawful to Issue ...................................................................... 6-123

6-23-4

Penalty ..................................................................................... 6-123

6-23-5

Exceptions ............................................................................... 6-124

6-23-6

Intent to Defraud; How Established .......................................... 6-124

6-23-7

Notice ....................................................................................... 6-125

6-23-8

Citizen=s Complaint; Costs ...................................................... 6-125

THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK

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Page 6 - xi

PUEBLO OF ACOMA LAWS 2003

TITLE 6

CRIMINAL LAWS

Origins: The Pueblo of Acoma Tribal Council created

the first written criminal laws prior to 1971. In 2016,

through Tribal Council Resolution TC-AUG-25-16-Via

Title Six was amended and restated in its entirety.

Chapter 1.

INTRODUCTION TO THIS TITLE

These laws govern in all criminal cases in the Pueblo [of] Acoma courts. These

laws are intended to provide for a fair trial and the just determination of every criminal

proceeding before the courts. They shall be construed to secure simplicity in

procedure, fairness in administration, and the elimination of unjustifiable expense and

delay.

6-1-1

Complaint: Any criminal complaint filed in the court to be valid shall state

the following facts: the name of the complaining witness, the name of the

defendant and the statement whether the defendant is within the exterior

boundaries of the Acoma Pueblo; and the chapter and section of [this

Title] that was allegedly violated.

6-1-2

Special Domestic Violence Criminal Jurisdiction: [In addition to the

jurisdiction of the Pueblo over criminal acts as set forth in §1-2-3, Acoma

Pueblo exercises “special domestic violence criminal jurisdiction” as a

“participating tribe,” as defined within 25 U.S.C. § 1304 (2013), subject to

applicable exceptions defined therein and asserts all criminal jurisdiction

as may be made under that statute including that as defined within this

Section.

A.

In all proceedings in which the court is exercising special domestic

violence criminal jurisdiction as a participating Indian nation, all

rights afforded by the Pueblo of Acoma Laws (2003), as amended

shall apply and those enumerated in the Indian Civil Rights Act, 25

U.S.C. §1302 [shall apply] to all defendants. Should there be any

inconsistency between Pueblo of Acoma Laws (2003) as amended,

and 25 U.S.C. §1302 [concerning a defendant’s rights] 25 U.S.C.

§1302 shall apply.

B.

Acoma Pueblo’s special domestic violence criminal jurisdiction

[extends] over any person only if he or she:

1.

Resides within the jurisdiction of Acoma [Pueblo]; or

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 1

6-1-3

Is employed within the jurisdiction of Acoma [Pueblo]; or

3.

Is a current or former spouse, intimate partner, shares a

child in common [with], cohabits with or has cohabitated as a

spouse or intimate partner or similarly situated as a spouse

under the domestic or family violence laws of Acoma Pueblo

or dating partner of or with:

a.

A member of Acoma Pueblo; or

b.

A member of another Indian tribe who resides within

the jurisdiction of Acoma Pueblo.

Special Jurisdiction – Criminal Conduct Applicable

A.

6-1-4

2.

Acoma Pueblo exercises the special domestic violence criminal

jurisdiction [over] a defendant for criminal conduct that falls under

25 U.S.C. § 1304 (2013) including into one or more of the following

categories:

1.

Domestic Violence and Dating Violence: An act of domestic

violence or dating violence that occurs within the jurisdiction

of Acoma Pueblo.

2.

Family Violence involving a household member as defined

herein and where applicable is subject to special domestic

violence criminal jurisdiction.

3.

Violations of Protection Orders: An act that occurs within the

jurisdiction of Acoma Pueblo, and violates the portion of a

protection order that:

a.

Prohibits or provides protection against violent or

threatening acts of harassment against, sexual

violence against, contact or communication with, or

physical proximity to the person protected by the

order;

b.

Was issued against the defendant;

c.

Is enforceable by Acoma Pueblo; and

d.

Is consistent with 18 U.S.C. §2265(b).

Immunity from Liability: [Subject to §1-6-1, et seq.] the following persons

have immunity from liability in a civil action brought by a party for any act

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 2

or omission [done] in good faith under this chapter arising from alleged

domestic violence or family violence or a crime involving domestic

violence or family violence.

A.

[Pueblo of Acoma Peace] officers;

B.

Victim advocates;

C.

Pueblo of Acoma Social Services staff;

D.

Pueblo of Acoma Behavioral Health staff; and/or

E.

Mandatory reporters.

Chapter 2.

PREPARATORY OFFENSES

6-2-1

Attempt; Classifications

A.

A person commits attempt if, acting with the kind of culpability

otherwise required for commission of an offense, such person:

1.

Intentionally engages in conduct which would constitute an

offense if the attendant circumstances were as such person

believes them to be;

2.

Intentionally does or omits to do anything which, under the

circumstances as such person believes them to be, is any

step in a course of conduct planned to culminate in

commission of an offense; or

3.

Engages in conduct intended to aid another to commit an

offense, although the offense is not committed or attempted

by the other person, provided his conduct would establish

his complicity if the offense were committed or attempted by

the other person.

B.

It is no defense that it was impossible for the person to aid the other

party's commission of the offense, provided such person could

have done so had the circumstances been as he believed them to

be.

C.

Attempt is punishable as an offense one degree below the actual

attempt crime.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 3

6-2-2

6-2-3

6-2-4

Solicitation

A.

A person, other than a peace officer acting in his official capacity

within the scope of his authority and in the line of duty, commits

solicitation if, with the intent to promote or facilitate the commission

of a felony or misdemeanor, such person commands, encourages,

requests or solicits another person to engage in specific conduct

which would constitute the felony or misdemeanor or which would

establish the other's complicity in its commission. If the offense is

completed, such person is as accountable as if he had committed

the offense himself.

B.

If the offense is not completed, then solicitation is punishable as an

offense one degree below the actual attempted crime.

Conspiracy

A.

A person commits conspiracy if, with the intent to promote or aid

the commission of an offense, such person agrees with one or

more persons that at least one of them or another person will

engage in conduct constitutes the offense and one of the parties

commits an overt act in furtherance of the offense, except that an

overt act shall not be required if the object of the conspiracy was to

commit any felony upon the person of another.

B.

If a person guilty of conspiracy, as defined in Subsection A of this

Section, knows or has reason to know that a person with whom

such person conspires to commit an offense has conspired with

another person or persons to commit the same offense, such

person is guilty of conspiring to commit the offense which such

other person or persons, whether or not such person knows their

identity.

C.

A person who conspires to commit a number of offenses is guilty of

only one conspiracy if the multiple offenses are the object of the

same agreement or relationship and the degree of the conspiracy

shall be determined by the most serious offense conspired to.

D.

Conspiracy is an offense of the same class as the most serious

offense which is the object of or result of the conspiracy.

Facilitation; Classification

A.

A person, other than a peace officer acting in his official capacity

within the scope of his authority and in the line of duty, commits

facilitation if, acting with knowledge that another person is

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 4

committing or intends to commit an offense, such person knowingly

provides such other person with means or opportunity for the

commission of the offense and which in fact aids such person to

commit the offense. If the offense is completed, and the other

necessary elements are present, such other person shall be

accountable if he were a principal.

B.

6-2-5

Facilitation is an offense of the same class as the most serious

offense which is the object of or result of the facilitation.

Renunciation of Attempt, Solicitation, Conspiracy or Facilitation; Defenses

A.

In a prosecution for attempt, conspiracy or facilitation, it is a

defense that the defendant, under circumstances manifesting a

voluntary and complete renunciation of his criminal intent, gave

timely warning to law enforcement authorities or otherwise made a

reasonable effort to prevent the conduct or result which is the

object of the attempt, conspiracy or facilitation.

B.

In a prosecution for solicitation, it is a defense that the defendant,

under circumstances manifesting a voluntary and complete

renunciation of the defendant's criminal intent completed both of the

following acts:

C.

D.

1.

Notified the person solicited; [and]

2.

Gave timely warning to law enforcement authorities or

otherwise made a reasonable effort to prevent the conduct

or result solicited.

A renunciation is not voluntary and complete within the meaning of

this section if it is motivated in whole or in part by:

1.

A belief that circumstances exist which increase the

probability of immediate detection or apprehension of the

accused or another participant in the criminal enterprise or

which render more difficult the accomplishment of the

criminal purpose; or

2.

A decision to postpone the criminal conduct until another

time or to transfer the criminal effort to another victim, place

or another but similar objective.

A warning to law enforcement authorities is not timely within the

meaning of this section unless the authorities, reasonably acting

upon the warning, would have the opportunity to prevent the

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 5

conduct or result. An effort is not reasonable within the meaning of

this Section unless the defendant makes a substantial effort to

prevent the conduct or result.

6-2-6

Effect of Immunity, Irresponsibility or Incapacity of a Party to Solicitation,

Conspiracy or Facilitation

A.

B.

It is not a defense to prosecution for solicitation, conspiracy or

facilitation that a person solicited, facilitated or with whom the

defendant conspired could not be guilty of committing the offense

because:

1.

Such person is, by definition of the offense, legally incapable

in an individual capacity of committing the offense;

2.

Such person has an immunity to prosecution or conviction

for the commission of the offense; or

3.

Such person does not have the state of mind sufficient for

the commission of the offense in question.

It is not a defense to a prosecution for solicitation or conspiracy that

the defendant is, by definition of the offense, legally incapable in an

individual capacity of committing the offense that is the object of the

solicitation or conspiracy.

Chapter 3.

ASSAULT, BATTERY AND RELATED CRIMES

6-3-1

Assault: Assault consists of either:

A.

an attempt to commit a battery upon the person of another;

B.

any unlawful act, threat or menacing conduct which causes another

person to reasonably believe that he is in danger of receiving an

immediate batter; or

C.

the use of insulting language toward another impugning his honor,

delicacy or reputation.

Whoever commits assault is guilty of a petty misdemeanor.

6-3-2

Aggravated Assault: Aggravated Assault consists of:

A.

unlawfully assaulting or striking at another with a deadly weapon or

striking at another with a substantial likelihood of causing great

bodily harm;

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 6

B.

C.

committing assault by threatening or menacing another while

wearing a mask, hood, robe or other covering upon the face, head

or body, or while disguised in any manner, so as to conceal identity;

willfully and intentionally assaulting another with intent to commit

any felony;

D.

committing assault after entering the private home of another with

intent to commit the assault;

E.

A person twenty-one [(21) years] of age or [older] commits assault

upon a child fourteen [(14)] years or [younger]; [or]

F.

A person commits assault while the victim is bound or otherwise

physically restrained or while the victim's capacity to resist is

substantially impaired,.

Whoever commits aggravated assault is guilty of a fourth degree felony.

6-3-3

Assault with Intent to Commit a Violent Felony: Assault with intent to

commit a violent felony consists of any person assaulting another with

intent to kill or commit any murder, mayhem, criminal sexual penetration in

the first, second or third degree, robbery or burglary. Whoever commits

assault with intent to commit a violent felony is guilty of a third degree

felony.

6-3-4

Battery: Battery is the unlawful, intentional touching or application of force

to the person of another, when done in a rude, insolent or angry manner.

Whoever commits battery is guilty of a petty misdemeanor.

6-3-5

Aggravated Battery

A.

Aggravated battery consists of the unlawful touching or application

of force to the person of another with intent to injure that person or

another [person].

B.

Whoever commits aggravated battery, inflicting an injury to [a]

person which is not likely to cause death or great bodily harm, but

does cause painful temporary disfigurement or temporary loss or

impairment of the functions of any member or organ of the body, is

guilty of a full misdemeanor.

C.

Whoever commits aggravated battery inflicting great bodily harm or

does so with a deadly weapon or does so in any manner whereby

great bodily harm or death can be inflicted is guilty of a third degree

felony.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 7

6-3-6

D.

If [a] person commits the battery after entering the private home of

another with intent to commit an assault or battery, [such person] is

guilty of aggravated battery and will be subject to criminal penalties

as specified in Subsections B or C [of this Section].

E.

If [a] person [who] is twenty-one [(21) years] of age or [older]

commits the battery upon a child fourteen [(14)] years or [younger]

[such person] is guilty of aggravated battery and will be subject to

criminal penalties as specified in Subsections B or C [of this

Section].

F.

A person [who] commits battery while the victim is bound or

otherwise physically restrained or while the victim's capacity to

resist is substantially impaired is guilty of aggravated battery and

will be subject to criminal penalties as specified in Subsections B or

C [of this Section].

Reasonable Detention; Assault, Battery, or Criminal Damage to Property

A.

B.

6-3-7

As used in this Section:

1.

"licensed premises" means all public and private rooms

facilities and areas in which alcoholic beverages are sold or

served in the customary operating procedures of

establishments licensed to sell or serve alcoholic liquors;

2.

"proprietor" means the owner of the licensed premises or his

manager or his designated representative; and

3.

"operator" means the owner or the manager of any

establishment or premises open to the public.

Any [peace] officer may arrest without warrant any person he has

probable cause [to] believe has committed the crime of assault or

battery as defined in this Title, or public affray, or criminal damage

to property. Any proprietor or operator who causes such an arrest

shall not be criminally or civilly liable if he has actual knowledge,

communicated truthfully and in good faith to the [peace] officer, that

the person so arrested has committed the crime of assault or

battery as defined in this Title, or public affray, or criminal damage

to property.

Shooting at Dwelling or Occupied Building; and/or from a Motor Vehicle

A.

Shooting at a dwelling or occupied building consists of willfully

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 8

discharging a firearm at a dwelling or occupied building.

B.

C.

6-3-8

1.

Whoever commits shooting at a dwelling or occupied

building that does not result in great bodily harm to another

person is guilty of a fourth degree felony.

2.

Whoever commits shooting at a dwelling or occupied

building that results in injury to another person is guilty of a

third degree felony.

3.

Whoever commits shooting at a dwelling or occupied

building that results in great bodily harm to another person

is guilty of a second degree felony.

Shooting at or from a motor vehicle consists of willfully discharging

a firearm at or from a motor vehicle with reckless disregard for

[another] person.

1.

Whoever commits shooting at or from a motor vehicle that

does not result in great bodily harm to another person is

guilty of a fourth degree felony.

2.

Whoever commits shooting at or from a motor vehicle that

results in injury to another person is guilty of a third degree

felony.

3.

Whoever commits shooting at or from a motor vehicle that

results in great bodily harm to another person is guilty of a

second degree felony.

This section shall not apply to a [peace] officer discharging a

firearm in the lawful performance of his duties.

Seizure and Forfeiture of Motor Vehicle

A.

A motor vehicle shall be subject to seizure and forfeiture when the

vehicle is used or intended for use in the commission of the offense

of shooting at or from a motor vehicle pursuant to [§6-3-7].

B.

This Section is to be applied under the Pueblo's civil authority but

the forfeiture and disposal of the motor vehicle will be in accord with

all protections and procedures in Pueblo of Acoma Laws 2003, as

amended.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 9

6-3-9

Assault; Battery of [Pueblo] Employees or Government Officials

A.

B.

As used in this Section:

1.

"in the lawful discharge of his duties" means engaged in the

performance of the duties of a [Pueblo] employee or

governmental official who is working for or employed with the

Pueblo of Acoma; and

2.

"[Pueblo] employee or governmental official" includes:

a.

[the] Tribal [Governor, 1st Lt. Governor, 2nd Lt.

Governor, Tribal Secretary, Tribal Interpreter], Tribal

Sheriffs, Tribal Council, [and other duly appointed

officials];

b.

public safety, social service, behavioral health, and

court personnel and/or anyone employed with the

Pueblo of Acoma [to perform governmental

responsibilities]; and

c.

any member of [the Pueblo of Acoma] school board,

school administrators, teachers and other employees

of that Board.

Assault upon a [Pueblo] employee or governmental official consists

of:

1.

an attempt to commit a battery upon the person of a [Pueblo]

employee or governmental official while he is in the lawful

discharge of his duties; or

2.

any unlawful act, threat or menacing conduct which causes a

[Pueblo] employee or governmental official while he is in the

lawful discharge of his duties to reasonably believe that he is

in danger of receiving an immediate battery.

Whoever commits assault upon a [Pueblo] employee

governmental official is guilty of a full misdemeanor.

C.

or

Aggravated assault upon a [Pueblo] employee or governmental

official consists of:

1.

unlawfully assaulting or striking at a [Pueblo] employee or

governmental official with a deadly weapon while he is in the

lawful discharge of his duties;

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 10

2.

committing assault by threatening or menacing a [Pueblo]

employee who is engaged in the lawful discharge of his

duties by a person wearing a mask, hood, robe or other

covering upon the face, head or body, or while disguised in

any manner so as to conceal identity; or

3.

willfully and intentionally assaulting a [Pueblo] employee

while he is in the lawful discharge of his duties with intent to

commit any felony.

Whoever commits aggravated assault upon a [Pueblo] employee is

guilty of a third degree felony.

D.

Assault with intent to commit a violent felony upon a [Pueblo]

employee consists of any person assaulting a [Pueblo] employee or

governmental official while he is in the lawful discharge of his duties

with intent to kill the [Pueblo] employee.

Whoever commits assault with intent to commit a violent felony

upon a [Pueblo] employee is guilty of a second degree felony.

E.

Battery upon a [Pueblo] employee is the unlawful, intentional

touching or application of force to the person of a [Pueblo]

employee or governmental official while he is in the lawful

discharge of his duties, when done in a rude, insolent or angry

manner.

Whoever commits battery upon a [Pueblo] employee

governmental official is guilty of a fourth degree felony.

F.

or

Aggravated battery upon a [Pueblo] employee or governmental

official consists of the unlawful touching or application of force to

the person of a [Pueblo] employee or governmental official with

intent to injure that [Pueblo] employee or governmental official while

he is in the lawful discharge of his duties.

Whoever commits aggravated battery upon a [Pueblo] employee or

governmental official, inflicting an injury to the [Pueblo] employee or

governmental official which is not likely to cause death or great

bodily harm but does cause painful temporary disfigurement or

temporary loss or impairment of the functions of any member or

organ of the body, is guilty of a fourth degree felony.

Whoever commits aggravated battery upon a [Pueblo] employee or

governmental official, inflicting great bodily harm, or does so with a

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 11

deadly weapon or in any manner whereby great bodily harm or

death can be inflicted, is guilty of a third degree felony.

G.

6-3-10

6-3-11

Every person who assists or is assisted by one or more other

persons to commit a battery upon any [Pueblo] employee or

governmental official while he is in the lawful discharge of his duties

is guilty of a fourth degree felony.

Attempted Suicide

A.

A person commits Attempted Suicide by knowingly undertaking any

action designed to end his or her life, when a purpose of said action

is [to cause] the end of the person's life.

B.

Attempted suicide is punishable by imprisonment as a petty

misdemeanor, but the charge may be dismissed for good cause,

including consideration of the recommendations of family members,

counselors, treatment providers and/or Tribal Sheriffs for

sentencing or dismissal of the charge. Good cause may also be

inferred from the circumstances if [a] defendant pursues treatment.

[Kidnapping] and Related Offenses

A.

B.

Definitions. In this Chapter, unless the context otherwise requires:

1.

"Relative" means a parent or stepparent, ancestor,

descendent, sibling, uncle or aunt, including an adoptive

relative of the same degree through marriage or adoption, or

a spouse.

2.

"Restrain" means to restrict a person's movements without

consent and without legal authority in a manner which

interferes substantially with such person's liberty, by moving

such person from one place to another or by confining such

person. Restraint is without consent if it is accomplished by:

a.

Physical force, intimidation or deception; or

b.

Any means including acquiescence of the victim if the

victim is a child less than eighteen [(18)] years old or

an incompetent person, and the victim's lawful

custodian has not acquiesced in the movement or

confinement.

Unlawful Imprisonment: A person commits unlawful imprisonment

by knowingly restraining another person without legal justification.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 12

1.

2.

C.

In any prosecution for unlawful imprisonment, it is a defense

that:

a.

The restraint was accomplished by a peace officer

acting in good faith in the lawful performance of his

duty; or

b.

The defendant is a relative of the person restrained

and the defendant's sole intent is to assume lawful

custody of the person and the restraint was

accomplished without physical injury.

Unlawful imprisonment is punishable as a full misdemeanor,

[except that] If the victim suffers great bodily harm, a

substantial threat of great bodily harm, or severe emotional

distress, unlawful imprisonment is punishable as a 4th

degree felony.

[Kidnapping]; Classification

1.

A person commits [kidnapping] by knowingly restraining

another person with the intent to:

a.

Hold the victim for ransom, [or use the victim] as a

shield or hostage;

b..

Hold the victim for involuntary servitude;

c.

Inflict death, physical injury or a sexual offense on the

victim, or to otherwise aid in the commission of a

felony;

d.

Place the victim or a third person in reasonable

apprehension of imminent physical injury to the victim

or such third person;

.

e.

f.

2.

Interfere with the performance of a governmental or

political function; or.

Seize or exercise control over any airplane, train, bus,

ship or other vehicle.

Kidnapping is punishable as a 2nd degree felony. If the

victim is released voluntarily by the defendant without

physical injury in a safe place prior to arrest and prior to

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 6 - 13

accomplishing any of the further enumerated actions the

crime is punishable as a high misdemeanor.

6-3-12

Custodial Interference: A person commits custodial interference if,

knowing or having reason to know that he has no legal right to do so, such

person knowingly takes, entices or keeps from lawful custody any child

less than eighteen [(18)] years of age or [any person suffering from

incompetency], entrusted by authority of law to the custody of another

person or institution. Custodial interference is punishable [as] a full

misdemeanor, [except that]

A.

If bodily harm or emotional distress results to the child [or person

suffering from incompetency], then custodial interference is

punishable as a 4th degree felony;

B.

If there is a great bodily harm, the threat of great bodily harm or

severe emotional distress to the child [person suffering from

incompetency] then it is punishable as a 3rd degree felony; [or].

C.

If death results to the child [or person suffering from incompetency]

then it is punishable as a 2nd degree felony.

6-3-13

Harassment: Harassment consists of knowingly pursuing a course of

conduct that is intended to annoy, seriously alarm or terrorize another

person and that serves no lawful purpose. The conduct must be such that

it would cause a reasonable person to suffer emotional distress. Whoever

commits harassment is guilty of a simple misdemeanor. A second

conviction for harassment [with]in three (3) years is a full misdemeanor.

6-3-14

Stalking

A.

Definitions.

1.

"Course of conduct" means a pattern of conduct composed

of two or more acts, including but not limited to, acts in which

the defendant directly or indirectly or through third parties, by

any action, method or device (including electronic devices)

or means (including email, texts or social media), follows,

harasses, monitors, observes, [conducts surveillance],

threatens or communicates to or about a person, or

interferes with a person's property. The series of acts can

be over a short period of time, however but evidence a

continuity of purpose.

2.

"Emotional distress" means significant mental suffering or

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distress that may, but does not necessarily require medical

or other professional treatment or counseling.

3.

B.

C.

D.

"Reasonable person" means a reasonable [person] in the

victim's circumstances.

Any person [is guilty of stalking] who purposefully engages in a

course of conduct directed at a specific person(s) and knows or

should know that the course of conduct would cause a reasonable

person to:

1.

fear for their safety, the safety of a family or household

member, or third person; [or]

2

suffer other emotional distress.

In any prosecution under this [Section], it shall not be a bar to

prosecution that:

1.

the actor was not given actual notice that the course of

conduct was unwanted; or

2.

the alleged perpetrator did not intend to cause the victim fear

or other emotional distress.

Stalking is punishable as a full misdemeanor for the first offense

and a 4th degree felony if a second offense is committed within

[seven] (7) years.

6-3-15

Aggravated Stalking: If the victim [of stalking] suffers great bodily harm, a

substantial threat of great bodily harm, severe emotional distress that

results in requiring medical attention and/or counseling or a deadly

weapon [is used as part of the stalking conduct], or threats of substantial

bodily harm or death are part of the stalking conduct the crime is

punishable as a 4th degree felony.

6-3-16

Exceptions: The provisions of [§§6-3-13, 6-3-14 and 6-3-15] do not apply

to a [peace] officer, tribal sheriff, crime victim advocate, domestic violence

advocate, and/or [the director of Pueblo of Acoma] Social Services or his

or her designated agent, when acting in their official capacity and within

the scope of his or her duties.

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Chapter 3A. HOMICIDE

6-3A-1

Murder

A.

Murder in the first degree is the killing of one human being by

another without lawful jurisdiction or excuse, by any of the means

with which death may be caused:

1.

by any kind of willful, deliberate and premeditated killing;

2.

in the commission of or attempt to commit any felony; or

3.

by any act greatly dangerous to the lives of others, indicating

a depraved mind regardless of human life.

Whoever commits murder in the first degree is guilty of a first

degree felony.

B.

Unless he is acting upon sufficient [provocation], upon a sudden

quarrel or in the heat of passion, a person who kills another human

being without lawful justification or excuse commits murder in the

second degree if in performing the acts which cause the death he

knows that such acts create a strong probability of death or great

bodily harm to that individual or another.

Murder in the second degree is a lessor included offense of the

crime of murder in the first degree. Whoever commits murder in

the second degree is guilty of a second degree felony resulting in

the death of a human being.

6-3A-2

Manslaughter: Manslaughter is the unlawful killing of a human being

without malice.

A.

Voluntary manslaughter consists of manslaughter committed upon

a sudden quarrel or in the heat of passion. Whoever commits

voluntary manslaughter is guilty of a third degree felony resulting in

the death of a human being.

B.

Involuntary manslaughter consists of manslaughter committed in

the commission of an unlawful act not amounting to felony, or in the

commission of a lawful act which might produce death in an

unlawful manner or without due caution and circumspection.

Whoever commits involuntary manslaughter is guilty of a fourth

degree felony.

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6-3A-3

Justifiable Homicide by Pueblo Official or Employee

A.

B.

6-3A-4

Homicide is justifiable when committed [while acting in their official

capacity and within the scope of his or her duties] by a Pueblo

official or employee or those acting by their command and in their

aid and assistance:

1.

in obedience to any judgment of a competent court;

2.

when necessarily committed in overcoming actual resistance

to the execution of some legal process or to the discharge of

any other legal duty;

3.

when necessarily committed in retaking felons who have

been rescued or who have escaped or when necessarily

committed in arresting felons fleeing from justice; or

4.

when necessarily committed in order to prevent the escape

of a felon from any place of lawful custody or confinement.

For the purposes of this Section, homicide is necessarily committed

when a Pueblo official or employee has probable cause to believe

he or another is threatened with serious harm or deadly force while

performing those lawful duties described in this Section. Whenever

feasible, a Pueblo official or employee should give warning prior to

using deadly force.

Justifiable Homicide by [Private Person]. Homicide is justifiable when

committed by any person in any of the following cases:

A.

when committed in the necessary defense of a [person’s] life family

or property, or in necessarily defending against any unlawful action

directed against [the person], [the person’s] spouse or other family;

B.

when committed in the lawful defense of the [person] or of another

and when there is a reasonable ground to believe a design exists to

commit a felony or to do some great personal injury against such

person or another, and there is imminent danger that the design will

be accomplished; or

C.

when necessarily committed [by a person] in attempting, by lawful

ways and means, to apprehend any [other] person for any felony

committed in [the person’s] presence, or in lawfully suppressing any

riot, or in necessarily and lawfully keeping and preserving the

peace.

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Chapter 3B. DOMESTIC AND FAMILY VIOLENCE CRIMES

6-3B-1

Purposes: The purposes of this Chapter [are]:

A.

to recognize that the Pueblo of Acoma's strength is erected on a

foundation of healthy families;

B.

[to ensure] the safety of victims of domestic violence and/or family

violence, by immediate intervention of law enforcement,

prosecution, education, treatment, and other appropriate services;

B.

[to recognize that the] commission of domestic violence and/or

family violence is a serious crime against society, the Pueblo, and

the family, and

C.

to provide the victim[(s)] of domestic violence or family violence the

maximum protection from further violence that the law, and those

who enforce the law, can provide.

6-3B-2

Jurisdiction: Jurisdiction over domestic and family violence matters shall

be in accordance with Title 1 and thisTitle. The Pueblo of Acoma court

shall retain jurisdiction over members of federally recognized Indian tribes

[who are subject to court orders issued pursuant to this Chapter] and [the

Pueblo of Acoma Tribal Court shall have jurisdiction over] any violations of

orders of protection entered pursuant to this Chapter which are alleged to

have occurred outside of the boundaries of Acoma [Pueblo lands] where

such orders are entitled to recognition outside [Pueblo of Acoma]

boundaries as a matter of full faith and credit.

6-3B-3

Definitions: [For the purposes of this Chapter, the following definitions

apply]:

A.

"Abuse" means the intentional infliction of physical harm, bodily

injury or sexual assault or the infliction of the fear of imminent

physical harm, and includes but is not limited to assault and battery

as defined in this Title.

B.

"Alarm" means to cause apprehension or fear resulting from the

reasonable perception of danger.

C.

"Coercion" means to restrain, compel or dominate by force or

threat.

D.

"Contact" includes but is not limited to:

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E.

1.

Repeatedly coming into and/or remaining in the visual or

physical presence of [another] person;

2.

Following [another] person or with intent to contact, following

the person's family members;

3.

Waiting outside the home, property, place of work or school

of [another] person or the person's family members’ place of

work, school, home or property;

4.

Sending or making written communications in any form,

including, [but not limited to] text messaging, [instantmessaging], and social media, to [another] person or the

[person’s] family where it may be reasonably inferred that

the message is for the person.

5.

Speaking with [another] person by any means, including

leaving a voicemail message;

6.

Communicating with [another] person through a third person;

7.

Committing a crime against [another] person;

8.

Communicating with a third person who has some

relationship to [another] person with the intent [to have an

impact on] the third person's relationship with the person;

9.

Communicating with business entities with the intent of

affecting some right or interest of [another] person;

10.

Damaging [another] person's home, property, place of work

or school; or

11.

Delivering directly or through a third person any object to the

home, property, place of work or school of [another] person.

"Course of conduct" means a pattern of conduct composed of two

[(2)] or more acts, including but not limited to, acts in which the

defendant directly or indirectly or through [a] third party, by any

action, method or device or means, follows, monitors, observes,

[conducts surveillance], threatens or communicates to or about a

person, or interferes with a person's property. The series of acts

can be over a short period of time, however but [show] a continuity

of purpose.

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F.

"Dating relationship" means a social relationship of a romantic

nature. In determining whether parties have a "dating relationship,"

the trier of fact shall consider: (1) The length of time the relationship

has existed; (2) The nature of the relationship; and (3) The

frequency of the interaction between the parties.

G.

"Dating violence" means a crime committed by a person who is or

has been in a social relationship of a romantic or intimate nature

with the victim as determined by the length of the relationship, the

type of relationship, and the frequency of interaction between the

person[s] in the relationship.

H.

"Domestic violence" means a crime committed by a current a

former household member, spouse or intimate partner of the victim,

by a person with whom the victim shares a child in common, by a

person who is cohabitating with or has cohabitated with the victim

as a spouse or intimate partner, or by a person similarly situated to

a spouse of the victim under [this Chapter]. It includes but is not

limited to the occurrence of one or more of the following acts by an

intimate partner or a family or household member:

1.

Attempting to cause or causing physical, mental or emotional

distress or harm to another family or household member or

intimate partner;

2.

Placing an intimate partner or family or household member

in reasonable fear of physical harm to him- or herself or

another family or household member. This fear may be

produced by behavior which induces fear in the victim,

including, but not limited to, harassment, stalking,

destruction of property, or physical harm or threat of harm to

household pets;

3.

Causing an intimate partner or family or household member

to engage involuntarily in sexual activity, which includes, but

not limited to, through coercion, intoxication, force, threat of

force, or duress; or

4.

Attempting to commit or committing any criminal offense

under Pueblo of Acoma [Laws, 2003, as amended] against

another family or household member or intimate partner.

"Domestic violence" does not include acts of self-defense or

[application of] culturally appropriate discipline [to] a child.

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I.

"Electronic communications" means any form of expression or

exchange of information by speech, photographs or written form

using electronic means. Electronic communication includes, but is

not limited to, communication via telephone, facsimile, electronic

mail, social media and other electronic forms.

J.

"Electronic surveillance" means monitoring the behavior, activities,

or whereabouts [of another person] by electronic means.

K.

"Emotional Distress". For the purpose of this Chapter, "emotional

distress" means a reaction such as anguish, grief, fright,

humiliation, or fury.

L.

"Family or household member" means a spouse, former spouse or

family member including a relative, parent, brother, sister, stepbrother or step-sister, present or former step-parent, present or

former in-law, a co-parent of a child or person with whom a person

has had a continuing personal relationship. When cohabitation

exists, it establishes a household member but cohabitation is not

necessary to be deemed a family or household member under this

Chapter.

M.

"Family Violence" means the same or similar acts [that constitute]

domestic violence [as defined in this Chapter], but directed towards

a family or household member instead of an intimate partner.

N.

"Foreign protection order" means an injunction or other order

related to domestic violence or family violence, harassment, sexual

abuse, or stalking, for the purpose of preventing violent or

threatening acts or harassment against, or contact or

communication with, or physical proximity to another person, issued

by a court of another [federally recognized Indian tribe], state,

territory, or possession of the United States, the Commonwealth of

Puerto Rico, or the District of Columbia, or any United States

military tribunal, in a civil or criminal action.

O.

"Indian Country" means [any area that is considered “Indian

country” under federal law as set forth in 18 U.S.C. §1151, as

amended].

P.

"Immediate Family" means a spouse, parent, child, sibling, live-in

partner, or any other person who regularly resides in the household

or who in the past regularly resided in the household.

Q.

"Intimate partner" means:

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(1)

spouses

(2)

former spouses,

(3)

persons who are or have been in a marital-like

relationship including same-sex relationships;

(4)

persons who have a child in common regardless of

whether they have been married or have lived

together at any time in a romantic relationship; or

(5)

persons who are dating or have dated in the past.

R.

"Mandatory arrest" means that a [Peace] Officer shall arrest [a

person] if there is probable cause to believe the person to be

arrested has committed an offense as defined by this Chapter even

though the arrest may be against the expressed wishes of the

victim.

S.

"Minor" or "juvenile" means any person under the age of [eighteen]

(18) years of age.

T.

"No Contact Order" means a court order issued pursuant to a

criminal case that prohibits a criminal defendant from having

contact with the victim.

U.

"Protection Order" or "Restraining Order" means a temporary or

permanent civil or criminal court order, injunction, or other order

related to domestic violence or family violence, harassment, sexual

abuse, or stalking, granted for the purpose of preventing violent or

threatening acts, or harassment against, or contact or

communication with, or physical proximity to, another person, who

is a victim or alleged victim of domestic violence or family violence,

dating violence, sexual [assault] or stalking; and includes any

temporary or final order issued by a civil or criminal court, whether

obtained by filing an independent action or as a pendente lite order

in another proceeding, if the civil or criminal order was issued in

response to a complaint, petition, or motion filed by or on behalf of

a person seeking protection.

V.

"Probabl[e] cause for arrest” means that the [Peace] Officer, acting

as a person of reasonable caution, has reasonable grounds to

believe that the person to be arrested has committed an offense as

defined by this Chapter, based on all the facts known to the officer,

including the officer's personal observations, statements made by

parties involved in the incident, statements made by witnesses, if

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any, and any other reliable information.

W.

6-3B-4

"Repeated" means two [(2)] or more times.

Domestic Violence

A.

A person commits domestic violence when he or she commits any

crime in this Title against an intimate partner and/or family or

household member whether of a different or same sex as the

alleged perpetrator.

B.

The maximum punishment for the crime of domestic violence is a

one-step increase above the maximum punishment set forth in the

underlying crime that the defendant is being charged with in [this]

Title.

C.

In addition to any other crimes of domestic violence in this

[Chapter], the following are crimes of domestic violence:

1.

Assault against a household member or intimate partner

[which] consists of:

a.

an attempt to commit a battery against a household

member; or

b.

any unlawful act, threat or menacing conduct that

causes a household member to reasonably believe

that he [or she] is in danger of receiving an immediate

battery.

Whoever commits assault against a household member is

guilty of a simple misdemeanor.

2.

Aggravated assault against a household member or intimate

partner [which] consists of:

a.

unlawfully assaulting or striking at a household

member with a deadly weapon; or

b.

willfully and intentionally assaulting a household

member or intimate partner with intent to commit any

felony.

Whoever commits aggravated assault against a household

member is guilty of a fourth degree felony.

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3.

Assault against a household member or intimate partner with

intent to commit a violent felony [which] consists of any

person assaulting a household member with intent to kill or

commit any murder, mayhem, criminal sexual penetration in

the first, second or third degree, robbery, kidnapping, false

imprisonment or burglary.

Whoever commit[s] assault against a household member or

intimate partner with intent to commit a violent felony

commits a third degree felony.

4.

Battery against a household member or intimate partner.

consists of the unlawful, intentional touching or application of

force to the person of a household member or intimate

partner when done in a rude, insolent or angry manner.

Whoever commits battery against a household member or

intimate partner is guilty of a full misdemeanor.

5.

6.

Aggravated battery against a household member or intimate

partner.

a.

Aggravated battery against a household member

consists of the unlawful touching or application or

force to the person of a household member with intent

to injure that person or another.

b.

Whoever commits aggravated battery against a

household member by inflicting an injury to that

person that is not likely to cause death or great bodily

harm, but that does cause painful temporary

disfigurement or temporary loss or impairment of the

functions of any member or organ of the body, is

guilty of a third degree felony.

c.

Whoever commits aggravated battery against a

household member by inflicting great bodily harm or

doing so with a deadly weapon or doing so in any

manner whereby great bodily harm or death can be

inflicted is guilty of a second degree felony.

Criminal damage to the property of a household member or

intimate partner consists of intentionally damaging real,

personal, community or jointly owned property of a

household member with the intent to intimidate, threaten or

harass that household member. Whoever commits criminal

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damage to the property of a household member or [intimate]

partner is guilty of a full misdemeanor, except that when the

damage to the household member's interest in the property

amounts to more than [Five Hundred] dollars ($500), the

offender is guilty of a fourth degree felony.

7.

Deprivation of the property of a household member or

intimate partner consists of intentionally depriving a

household member or intimate partner of the use of

separate, community or jointly owned personal property of

the household member with the intent to intimidate or

threaten that household member.

Whoever commits

deprivation of the property of a household member is guilty

of a full misdemeanor.

8.

Multiple convictions for crimes 6-3B-[4](A) or (C)

a.

Whoever commits three ([3]) offenses against a

household member or intimate partner as set forth in

6-3B-[4](A) or (C) is guilty of a fourth degree felony in

addition to any other liability they may face.

b.

Whoever commits four ([4]) offenses against a

household member or intimate partner as set forth in

6-3B-[4](A) or (C) is guilty of a third degree felony in

addition to any other liability they may face.

For the purpose of determining the number of offenses

committed, each offense must have been committed after

the conviction for the preceding offense.

6-3B-5

6-3B-6

Interfering with the Reporting of Domestic Violence or Family Violence

A.

Any person who prevents or attempts to prevent a victim or witness

of domestic violence or family violence from calling 911 or the

Acoma Police [Department] or other law enforcement agency, or

from obtaining medical assistance or making a report to any tribal,

state or federal peace officer, has committed the crime of interfering

with the reporting of domestic violence or family violence.

B.

Interfering with the reporting of domestic violence or family violence

is a Full Misdemeanor.

Interfering with the Prosecution of Domestic Violence or Family Violence

A.

Any person who prevents or attempts to prevent a witness from

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testifying in a court proceeding, or otherwise impedes the

prosecution of a case involving domestic violence or family

violence, commits the crime of interfering with the prosecution of

domestic violence or family violence.

B.

6-3B-7

6-3B-8

Interfering with the prosecution of domestic violence or family

violence is a 4th degree felony.

Violation of a Domestic or Family Violence Protection, Restraining, or No

Contact Order

A.

In addition to any other penalties available under the law, a person

who knowingly violates a protection, temporary restraining or no

contact order issued for the purpose of preventing domestic or

family violence, or a person who aides and abets another person,

to knowingly violate a protection, temporary retraining or no contact

order issued to prevent domestic or family violence is guilty of an

offense. [This offense is a ] full misdemeanor for the 1st offense

and for a 4th degree felony for any additional violation that takes

place within [seven] (7) years of a previous violation of this Section.

B.

A peace officer shall make a mandatory arrest, as defined in §6-3B3(R) of this Chapter for a violation of this Section.

C.

A violation of a protection or restraining [or no contact] order

protecting against domestic or family violence shall, in addition to

other penalties, constitute contempt of court and be subject to the

penalties thereof.

Law Enforcement Duties to Victims

A.

A peace officer who responds to an allegation of domestic violence

or family violence shall use all reasonable means to protect the

victim and any family or household member, and prevent further

violence, including, but not limited to:

1.

Taking necessary actions to provide for the safety of the

victim and any family or household members or witnesses,

including arresting the alleged perpetrator or dominant

aggressor;

2.

Transporting or obtaining transportation for the victim and

any child(ren) to a domestic violence safe house or other

place of safety within the Pueblo’s service area at the

victim's request;

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3.

Assisting the victim in removing essential personal effects, at

the victim's request;

4.

Assisting the victim and any child(ren) in obtaining medical

treatment, including obtaining transportation to a medical

facility;

5.

Confiscating any weapon, including firearms, as provided for

in [Pueblo of Acoma Laws 2003, as amended] and/or

confiscating any weapon where there is a reasonable belief

that the weapon poses a danger to the victim or the victim's

family.

6.

Providing assistance in obtaining a restraining order,

temporary protection order or emergency no contact order.

7.

Mandatory Arrest: A law enforcement officer must arrest and

charge a person with the appropriate crime if the officer has

probable cause to believe that the person has committed an

offense involving domestic or family violence, even if a

warrant has not been issued and the offense was committed

outside the presence of the officer.

8.

Predominant Aggressor. When a peace officer makes an

arrest pursuant to Subsection (A) of this Section, the officer

shall make every effort to determine who is the predominant

aggressor by considering, among other factors:

a.

The relative severity of the injuries inflicted or the

seriousness of threats creating fear of physical injury.

However, injury is not dispositive if the officer

determines that one person was the predominant

aggressor. The officer is not required to arrest the

other person believed to have caused physical harm

or bodily injury against the predominant aggressor, if

any:

b.

If reasonably ascertainable, the history of domestic

abuse involving the persons in any jurisdiction;

c.

Whether any alleged crime was committed in selfdefense;

d.

The likelihood of future injuries to each person; and

e.

Whether the incident occurred in the presence of

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children whether by visual or [auditory senses], or

perceived by them in any manner.

9.

When a peace officer responds to a domestic violence call,

the officer shall advise victims of all reasonable means to

prevent further abuse, including advising each person of the

availability of a shelter or other services , and giving each

person immediate notice of the legal rights and remedies

available [to them]. The notice shall include handing each

person a copy of the following statement:

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you

can ask the prosecuting attorney to file a criminal complaint.

You also have the right to file a petition in tribal, court

requesting an order for protection from domestic abuse

which could include any of the following: (a) An order

restraining your abuser from further acts of abuse; (b) an

order directing your abuser to leave your household; (c) an

order preventing your abuser from entering your residence,

school, business, or place of employment; (d) an order

awarding you or the other parent custody of or visitation with

your minor child or children; and (e) an order restraining your

abuser from molesting or interfering with minor children in

your custody. The forms you need to obtain a protection

order are available in the Acoma court.

10.

6-3B-9

Any peace officer, [appointed official], victims of crime

advocate, domestic violence advocate, and/or Pueblo of

Acoma Social Services director or his or her designated

agent responding to the request for assistance under this

Chapter is immune from civil liability to the extent allowed by

Pueblo of Acoma law, specifically [§1-6-1 et. seq.]. Any jail,

detention center, or law enforcement agency that makes a

reasonable attempt to provide notification that an abusing

[household] member is released from custody is immune

civil liability to the extent allowed by law.

Request for Exclusion; Prosecution of Non-Indians: In addition to the

punishment set forth in this Chapter for a particular act, a finding that a

person has committed an act prohibited by this Section is sufficient cause

for a request for exclusion from the Pueblo pursuant to Title 1, Chapter 12

of the Pueblo of Acoma Laws 2003, as amended. Furthermore, nothing in

this Section shall preclude the Pueblo of Acoma from seeking prosecution

of non-Indians under federal or state law.

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Chapter 4.

SEXUAL OFFENSES

6-4-1

Definitions: In this Chapter, unless the context otherwise requires:

A.

"Force or Coercion" means:

1.

The use of physical force or physical violence.

2.

The use of threats to use physical violence, the use of a

weapon, or physical force against the victim or another when

the victim believes that there is a present ability to execute

the threats.

3.

The use of threats, including threats of physical punishment,

kidnapping, extortion or retaliation directed against the victim

or another when the victim believes that there is an ability to

execute the threats.

4.

Criminal sexual penetration or criminal sexual contact when

the perpetrator knows or has reason to know that the victim

is unconscious, asleep or otherwise physically helpless or

suffers from a mental condition that renders the victim

incapable of understanding the nature or consequences of

the act; or

5.

Criminal sexual penetration or criminal sexual contact by a

psychotherapist on [a] patient, with or without the patient's

consent, during the course of psychotherapy or within a

period of one [(1)] year following the termination of

psychotherapy.

Physical or verbal resistance of the victim is not an element of force

or coercion.

B.

"Great Mental Anguish" means psychological or emotional damage

that requires psychiatric or psychological treatment or care, either

on an inpatient or outpatient basis, and is characterized by extreme

behavioral change or severe physical symptoms.

C.

"Oral sexual contact" means oral contact with the penis, vulva or

anus.

D.

"Personal Injury" means bodily injury to a lesser degree than great

bodily harm and includes, but is not limited to, disfigurement,

mental anguish, chronic or recurrent pain, pregnancy or disease or

injury to a sexual or reproductive organ.

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6-4-2

E.

"Position of Authority" means that position occupied by a parent,

relative, household member, teacher, employer or other person

who, by reason of that position, is able to exercise undue influence

over a child.

F.

"Sexual contact" means oral sexual contact, sexual intercourse,

any intentional direct or indirect touching, intentional fondling or

manipulating of any part of the genitals, anus or female breast by

any part of the body or by any object or causing a person to engage

in such contact with the intent to abuse, humiliate, harass, degrade,

arouse or gratify the sexual desire of any person.

G.

"Sexual intercourse" means penetration into the penis, vulva or

anus by any part of the body or by an object or manual

masturbatory contact with the penis or vulva.

H.

"Spouse" means a legal husband or wife, unless the couple is living

apart or either husband or wife has filed for separation or divorce.

I.

"Without consent" means any of the following:

1.

The victim is coerced by the immediate use or threatened

use of force against a person or property.

2.

The victim is incapable of consent by reason of mental

disorder, drugs, maturity, under the age of seventeen [(17)]

years old (except where the alleged perpetrator is less than

four [(4)] years older than the alleged victim), alcohol, sleep

or any other similar impairment of cognition and such

condition is known or should have reasonably been known to

the defendant.

3.

The victim is intentionally deceived as to the nature of the

act.

4.

The victim is intentionally deceived to erroneously believe

that the person is the victim's spouse.

Indecent Exposure

A.

A person commits indecent exposure if he or she exposes his or

her genitals or anus or she exposes the areola or nipple of her

breast or breasts and another person is present, and the defendant

is reckless about whether such other person, as a reasonable

person, would be offended or alarmed by the act.

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B.

6-4-3

Aggravated Indecent Exposure

A.

6-4-4

Indecent exposure is punishable by as a simple misdemeanor.

Aggravated indecent exposure consists of a person knowingly and

intentionally exposing his primary genital area to public view in a

lewd and lascivious manner, with the intent to threaten or intimidate

another person, while committing one or more of the following acts

or criminal offenses:

1.

exposure to a child less than eighteen [(18)] years of age;

2.

assault;

3.

aggravated assault;

4.

assault with intent to commit a violent felony;

5.

battery;

6.

aggravated batter[y];

7.

criminal sexual penetration; or

8.

abuse of a child.

B.

As used in this section, "primary genital area" means the mons

pubis, penis, testicles, mons veneris, vulva or vagina.

C.

Whoever commits aggravated indecent exposure is guilty of a

fourth degree felony.

D.

In addition to any punishment provided pursuant to the provisions

of this Section, the court shall order a person convicted for

committing aggravated indecent exposure to participate in and

complete a program of professional counseling.

Public Sexual Indecency; Classification

A.

A person commits public sexual indecency by intentionally or

knowingly engaging in any of the following acts, if another person is

present, and the defendant is reckless about whether such other

person, as a reasonable person, would be offended or alarmed by

the act:

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B.

6-4-5

1.

An act of sexual contact.

2.

An act of oral sexual contact.

3.

An act of sexual intercourse.

4.

An act involving contact between the person's mouth, vulva

or genitals and the anus or genitals of an animal.

Public sexual indecency is [a] simple misdemeanor.

Sexual Assault

A.

A person is guilty of sexual assault if they unlawfully, intentionally

and without consent, engage in sexual contact with another person.

Whoever commits sexual assault is [guilty of] a 4th degree felony.

B.

Sexual assault is a general intent crime.

C.

Criminal sexual contact does not include touching that is:

D.

1.

inadvertent;

2.

casual social contact not intended to be sexual in nature; or

3.

generally recognized by mental health professionals as

being a legitimate element of medical treatment or

psychotherapy.

Aggravated Sexual Assault consists of sexual assault that is

accompanied:

1.

by the use of force or coercion that results in personal injury

to the victim;

2.

by the use of force [or] coercion when the perpetrator is

aided or abetted by one or more persons; or

3.

when the perpetrator is armed with a deadly weapon

including any knife or firearm.

Whoever commits aggravated sexual assault is guilty of a third

degree felony.

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6-4-6

Criminal Sexual Penetration

A.

Criminal sexual penetration is the unlawful and intentional causing

of a person to engage in sexual intercourse, cunnilingus, fellatio or

anal intercourse or the causing of penetration, to any extent and

with any object, of the genital or anal openings of another, whether

or not there is any emission.

B.

Criminal sexual penetration does not include medically indicated

and/or lawful procedures.

C.

Aggravated criminal sexual penetration consists of all criminal

sexual penetration perpetrated on a child under thirteen [(13)] years

of age with an intent to kill or with a depraved mind regardless of

human life.

Whoever commits aggravated criminal sexual

penetration is guilty of a first degree felony for aggravated criminal

sexual penetration.

D.

Criminal sexual penetration in the first degree consists of all

criminal sexual penetration perpetrated:

1.

on a child under thirteen [(13)] years of age; or

2.

by the use of force or coercion that results in great bodily

harm or great mental anguish to the victim.

Whoever commits criminal sexual penetration in the first degree is

guilty of a first degree felony.

E.

Criminal sexual penetration in the second degree consists of all

criminal sexual penetration perpetrated:

1.

by the use of force or coercion on a child thirteen [(13) to]

eighteen [(18)] years of age;

2.

by the use of force or coercion that results in personal injury

to the victim;

3.

by the use of force or coercion when the perpetrator is aided

or abetted by one [(1)] or more persons;

4.

in the commission of any other felony; or

5.

when the perpetrator is armed with a deadly weapon.

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Whoever commits criminal sexual penetration in the second degree

is guilty of a second degree felony. Whoever commits criminal

sexual penetration in the second degree when the victim is a child

who is thirteen [(13)] to eighteen [(18)] years of age is guilty of a

second degree felony for a sexual offense against a child.

F.

Criminal sexual penetration in the third degree consists of all

criminal sexual penetration perpetrated through the use of force or

coercion not otherwise specified in this Section.

Whoever commits criminal sexual penetration in the third degree is

guilty of a third degree felony.

G.

Criminal sexual penetration in the fourth degree consists of all

criminal sexual penetration:

1.

not defined in Subsections D through F of this Section

perpetrated on a child thirteen [(13)] to sixteen [(16)] years of

age when the perpetrator is at least eighteen [(18)] years of

age and is at least four [(4)] years older than the child and

not the spouse of that child; or

2.

perpetrated on a child thirteen [(13)] to eighteen [(18)] years

of age when the perpetrator, who is a licensed school

employee, an unlicensed school employee, a school contract

employee, a school health service provider or a school

volunteer, and who is at least eighteen [(18)] years of age

and is at least four [(4)] years older than the child and not the

spouse of that child, learns while [employed at or] performing

services in or for a school tha[t] the child is a student in [the]

school; or

3.

o[f] an inmate confined in a correctional facility or jail when

the perpetrator is in a position of authority over the inmate.

Whoever commits criminal sexual penetration in the fourth degree

is guilty of a fourth degree felony.

6-4-7

Defenses

A.

It is a defense to a prosecution involving a minor, if the act was

done in furtherance of lawful medical practice.

B.

It is a defense to a prosecution if the act was done by a duly

licensed physician or registered nurse or a person acting under his

or her direction, or any other person who renders emergency care

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at the scene of an emergency occurrence, and consisted of

administering a recognized and lawful form of treatment which was

reasonably adapted to promoting the physical or mental health of

the patient and the treatment was administered in an emergency

when the duly licensed physician or registered nurse or a person

acting under his or her direction, or any other person rendering

emergency care at the scene of an emergency occurrence,

reasonably believed that no one competent to consent could be

consulted and that a reasonable person, wishing to safeguard the

welfare of the patient, would consent.

6-4-8

Corroboration: The testimony of a victim of a crime need not be

corroborated in prosecutions under Chapter 4 or Chapter 4A and such

testimony shall be entitled to the same weight as the testimony of victims

of other crimes under Pueblo of Acoma Laws 2003, as amended.

6-4-9

Adultery; Punishment Limitation on Prosecution

A.

A married person who has sexual intercourse with another other

than his or her spouse, and an unmarried person who has sexual

intercourse with a married person, commits adultery and is guilty of

an offense. When the act is committed between parties only one of

whom is married, both shall be punished.

B.

No prosecution for adultery shall be commenced except upon

complaint of the [spouse of the married person alleged to have had

sexual intercourse with another other than his or her spouse].

C.

Adultery is punishable by requiring treatment counseling,

community service and/or a fine of no more than $500.

6-4-10

Sexual Assault; Expenses of Investigation: Any medical expenses arising

out of the need to secure evidence that a person has been the victim of a

sexual assault shall be paid initially by the Pueblo. If the defendant is

found or pleads guilty these expenses may be recovered from the

defendant.

6-4-11

Bigamy; Classification

A.

A person who enters into a marriage knowing that he or she is still

legally married to another commits the crime of bigamy.

B.

A crime of bigamy is punishable as a simple misdemeanor.

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6-4-12

Prostitution

A.

A person commits the offense of prostitution by offering to engage

in any sexual act with another [other than the person’s spouse] for

pay or some other form or compensation.

B.

A crime of prostitution is punishable by imprisonment as a petty

misdemeanor.

Chapter 4A. CRIMES AGAINST CHILDREN

6-4A-1

6-4A-2

Definitions

A.

"child" means a person who is less than eighteen [(18)] years of

age;

B.

"neglect" means that a child is without proper parental care and

control of subsistence, education, medical or other care or control

necessary for the child's well-being because of the faults or habits

of the child's parents, guardian or custodian or their neglect or

refusal, when able to do so, to provide them; and

C.

"negligently" refers to criminal negligence and means that a person

knew or should have known of the danger involved and acted with

a reckless disregard for the safety or health of the child.

Abuse of a Child

A.

B.

Abuse of a child consists of a person knowingly, intentionally or

negligently, and without justifiable cause, causing or permitting a

child to be:

1.

placed in a situation that may endanger the child's life or

health;

2.

tortured, cruelly confined or cruelly punished; or

3.

exposed to the inclemency of the weather.

A person who commits abuse of a child that does not result in the

child's death or great bodily harm is, for a first offense, guilty of a

third degree felony and for second and subsequent offenses is

guilty of a second degree felony. If the abuse results in great bodily

harm to the child, the person is guilty of a first degree felony.

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6-4A-3

C.

A person who commits negligent abuse of a child that results in the

death of the child is guilty of a first degree felony.

D.

A person who commits intentional abuse of a child twelve [(12)] to

eighteen [(18)] years of age that results in the death of the child is

guilty of a first degree felony.

E.

A person who commits intentional abuse of a child less than twelve

[(12)] years of age that results in the death of the is guilty of a first

degree felony.

F.

Evidence that demonstrates that a child has been knowingly,

intentionally or negligently allowed to enter or remain in a motor

vehicle, building or any other premises that contains chemicals [or]

equipment used or intended for use in the manufacture of a

controlled substance shall be deemed prima facie evidence of

abuse of the child.

G.

Evidence that demonstrates that a child has been knowingly and

intentionally exposed to the use of methamphetamine shall be

deemed prima facie evidence of abuse of the child.

Abandonment of a Child

A.

6-4A-4

Abandonment of a child consists of the parent, guardian or

custodian of a child intentionally leaving or abandoning the child

under circumstances whereby the child may or does suffer neglect.

A person who commits abandonment of a child is guilty of a

misdemeanor, unless the abandonment results in the child's death

or great bodily harm, in which case the person is guilty of a second

degree felony.

Abandonment of a Dependent

A.

Abandonment of dependent consists of a person having the ability

and means to provide for his or her spouse and/or child(ren)'s

support and abandoning or failing to provide for the support of such

dependent(s).

Whoever commits abandonment of dependent(s) is guilty of a full

misdemeanor for the first conviction and a high misdemeanor for

the second conviction and a 4th degree felony for the third

conviction.

6-4A-5

Contributing to the Delinquency of a Child:

Contributing to the

delinquency of a child consists of any person committing any act or

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omitting the performance of any duty, which act or omission causes or

tends to cause or encourage the delinquency of any [child].

Whoever commits contributing to the delinquency of a [child] is guilty of a

full misdemeanor unless the child is fourteen years or less and then they

are guilty of a 4th degree felony.

6-4A-6

Obstruction of Reporting or Investigation of Child Abuse or Neglect:

Obstruction of reporting or investigation of child abuse or neglect consists

of:

A.

knowingly inhibiting, preventing, obstructing or intimidating another

from reporting [as mandated by the Pueblo of Acoma Laws 2003,

as amended] child abuse or neglect, including child sexual abuse;

or

B.

knowingly obstructing, delaying, in[t]erfering with, or denying

access to a [peace] officer or social worker in the investigation of a

report of child abuse [or neglect, including child] sexual abuse.

Whoever commits obstruction of reporting or investigation of child abuse

or neglect is guilty of a full misdemeanor.

6-4A-7

Sexual Exploitation of Children. As used in this Section:

A.

B.

"prohibited sexual act" means:

1.

sexual intercourse, including genital-genital, oral-genital,

anal-genital or oral-anal, whether between persons of the

same or opposite sex;

2.

bestiality;

3.

masturbation;

4.

sadomasochistic

stimulation;

5.

lewd and sexually explicit exhibition with a focus on the

genitals or pubic area of any person for the purpose of

sexual stimulation.

abuse

for

the

purpose

of

sexual

"visual or print medium" means:

1.

any film, photograph, negative, slide, computer diskette,

videotape, videodisc or any computer or electronically

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generated imagery;

2.

any book, magazine or other form of publication or

photographic reproduction containing or incorporating any

film, photograph, negative, slide, computer diskette,

videotape, videodisc or any computer generated or

electronically generated imagery.

C.

"performed publicly" means performed in a place that is open to or

used by the public;

D.

"manufacture" means the production, processing, copying by any

means, printing, packaging or repackaging of any visual or print

medium depicting any prohibited sexual act or simulation of such

an act if one or more of the participants in that act is a child; and

E.

"obscene" means any material, when the content if taken as whole:

F.

1.

appeals to a prurient interest in sex, as determined by the

average person applying contemporary community

standards;

2.

portrays a prohibited sexual act in a patently offensive way;

and

3.

lacks serious literary, artistic, political or scientific value.

Obscene, Visual or Print Medium:

1.

It is unlawful for a person to intentionally possess any

obscene visual or print medium depicting any prohibited

sexual act or simulation of such an act if that person knows

or has reason to know that the obscene medium depicts any

prohibited sexual act or simulation of such act and if that

person knows or has reason to know that one or more of the

participants in that act is a child. A person who violates the

provisions of this subsection is guilty of a fourth degree

felony for sexual exploitation of children. When a separate

finding of fact made by a court or jury shows beyond a

reasonable doubt that a child depicted in the visual or print

medium is a child under the age of thirteen [(13)], the basic

sentence shall be increased by one [(1)] year.

2.

The provisions of [Paragraph 1]] of this [Subsection F] shall

not apply to a depiction possessed by a child in which the

depicted child is between the ages of fourteen [(14)] and

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eighteen [(18)] and the depicted child knowingly and

voluntarily consented to the possession, and:

a.

the depicted child knowingly and voluntarily

consented to the creation of the depiction; or

b.

the depicted child knowingly and voluntarily produced

the depiction without coercion.

[Paragraph 2 of] this [S]ubsection [F] shall not prohibit

prosecution or create an immunity from prosecution for the

possession of depictions that are the result of coercion.

3.

It is unlawful for a person to intentionally distribute any

obscene visual or print medium depicting any prohibited

sexual act or simulation of such an act if that person knows

or has reason to know that the obscene medium depicts any

prohibited sexual act or simulation of such act and if that

person knows or has reason to know that one or more of the

participants in that act is a child. A person who violates the

provisions of this [Paragraph 3] is guilty of a third degree

felony for sexual exploitation of children and shall be

sentenced as a third degree felony.

4.

It is unlawful for a person to intentionally cause or permit a

child to engage in any prohibited sexual act or simulation of

such an act if that person knows, has reason to know or

intends that the act may be recorded in any obscene visual

or print medium or performed publicly. A person who

violates the provisions of this [Paragraph 4] is guilty of a third

degree felony for sexual exploitation of children unless the

child is under the age of thirteen [(13)], in which event the

person is guilty of a second degree felony for sexual

exploitation of children.

5.

It is unlawful for a person to intentionally manufacture any

obscene visual or print medium depicting any prohibited

sexual act or simulation of such an act if one or more of the

participants in that act is a child. A person who violates the

provisions of this [Paragraph 5] is guilty of a second degree

felony for sexual exploitation of children.

6.

It is unlawful for a person to intentionally manufacture any

obscene visual or print medium depicting any prohibited

sexual act or simulation of such an act if that person knows

or has reason to know that the obscene medium depicts a

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prohibited sexual act or simulation of such an act and if that

person knows or has reason to know that a real child, who is

not a participant, is depicted as a participant in that act. A

person who violates the provisions of this [Paragraph 6] is

guilty of a fourth degree felony.

7.

6-4A-8

It is unlawful for a person to intentionally distribute any

obscene visual or print medium depicting any prohibited

sexual act or simulation of such an act if that person knows

or has reason to know that the obscene medium depicts a

prohibited sexual act or simulation of such an act and if that

person knows or has reason to know that a real child, who is

not a participant, is depicted as a participant in that act. A

person who violates the provisions of this [Paragraph 7] is

guilty of a third degree felony.

Sexual Exploitation of Children by Prostitution

A.

Any person knowingly receiving any pecuniary profit as a result of a

child engaging in a prohibited sexual act with another is guilty of a

second degree felony, unless the child is under the age of thirteen

[(13)], in which event the person is guilty of a first degree felony.

B.

Any person knowingly hiring or offering to hire a child to engage in

any prohibited sexual act is guilty of a second degree felony.

C.

Any parent, legal guardian or person having custody or control of a

child who knowingly permits that child to engage in or to assist any

other person to engage in any prohibited sexual act or simulation of

such an act for the purpose of producing any visual or print medium

depicting such an act is guilty of a third degree felony.

6-4A-9

Molestation of a Child: A person who knowingly molests a child under the

age of fifteen [(15)] years by fondling, playing with, or touching the private

parts of such child or who causes a child under the age of fifteen years

[(15)] to fondle, play with, or touch the private parts of such person is guilty

of a third degree offense.

6-4A-10

Criminal Sexual Contact [With] a [Child]

A.

Criminal sexual contact [with] a [child] is the unlawful and

intentional touching of or applying force to the intimate parts of a

[child] or the unlawful and intentional causing a [child] to touch

one's intimate parts. For the purposes of this section, "intimate

parts" means the primary genital area, groin, buttocks, anus or

breast.

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B.

Criminal sexual contact [with] a [child] in the second degree

consists of all criminal sexual contact of the unclothed intimate

parts of a [child] perpetrated:

1.

on a child under thirteen [(13)] years of age; or

2.

on a child thirteen [(13)] to eighteen [(18)] years of age

when:

a.

the perpetrator is in a position of authority over the

child and uses that authority to coerce the child to

submit;

b.

the perpetrator uses force or coercion that results in

personal injury to the child;

c.

the perpetrator uses force or coercion and is aided or

abetted by one [(1)] or more persons; or

d.

the perpetrator is armed with a deadly weapon.

Whoever commits criminal sexual contact [with] a [child] in the

second degree is guilty of a second degree felony for a sexual

offense against a child.

C.

Criminal sexual contact of a [child] in the third degree consists of all

criminal sexual contact [with] a [child] perpetrated:

1.

on a child under thirteen [(13)] years of age; or

2.

on a child thirteen [(13)]

when:

to eighteen [(18)] years of age

a.

the perpetrator is in a position of authority over the

child and uses this authority to coerce the child to

submit;

b.

the perpetrator uses force or coercion which results in

personal injury to the child;

c.

the perpetrator uses force or coercion and is aided or

abetted by one [(1)] or more person[s]; or

d.

the perpetrator is armed with a deadly weapon.

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Whoever commits criminal sexual contact [with] a [child] in the third

degree is guilty of a third degree felony for a sexual offense against

a child.

D.

Criminal sexual contact [with] a [child] in the fourth degree consists

of all criminal sexual contact:

1.

not defined in Subsection C of this Section, of a child

thirteen [(13)] to eighteen [(18)] years of age perpetrated

with force or coercion; or

2.

perpetrated on a child thirteen [(13)] to eighteen [(18)] years

of age when the perpetrator, who is a licensed school

employee, an unlicensed school employee, a school contract

employee, a school health service provider or a school

volunteer, and who is at least eighteen [(18)] years of age

and is at least four [(4)] years older than the child and not

the spouse of that child, learns while [employed at or]

performing services in or for a school that the child is a

student in a school.

Whoever commits criminal sexual contact [with a child] in the fourth

degree is guilty of a fourth degree felony.

Chapter 4B. PROTECTION OF ELDERS, AND INCAPACITATED ADULTS

6-4B-1

Definitions

A.

"Adult" means a person who is at least eighteen (18) years of age.

B.

"Caretaker" means:

1.

A person who is required by tribal law or custom to provide

services or resources to another person.

2.

A person who voluntarily undertakes to provide care or

resources to another person.

3.

An institution or agency which voluntarily provides or is

required by tribal law or custom, or other applicable law, to

provide services or resources to a person, including, but not

limited to, the duty to follow up on placements, and any such

institution or agency which receives anything of value in

return for providing services or resources; [or]

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4.

An employee or agent of any institution or agency described

in Paragraph 3 [of this Subsection].

C.

"Elder" means a person who is at least sixty-five (65) years of age.

D.

"Great physical harm" means physical harm of a type that causes

physical loss of a bodily member or organ or functional loss of a

bodily member or organ for a prolonged period of time.

E.

"Great psychological harm" means psychological harm that causes

mental or emotional incapacity for a prolonged period of time or that

causes extreme behavioral change or severe physical symptoms

that require spiritual, psychological, or psychiatric care.

F.

"Guardian" means a Caretaker who has been given the added

responsibility by governmental agency, court order, family meeting

and/or document declaring a power of attorney to manage and

spend the financial resources of an Elder [or] Incapacitated Adult

for the benefit of the [Elder or Incapacitated Adult].

G.

"Incapacitated Adult" is an adult who has been adjudicated by a

court, governmental agency or family meeting as incapacitated or is

an adult who is unable to sufficiently understand, make, and

communicate responsible decisions about himself or herself as a

result of diagnosed mental illness, mental deficiency, physical

illness, or disability or chronic use of drugs, [and/or] liquor, and to

understand the consequences of any such decision. Incapacity

may vary in degree and duration and shall not be determined solely

on the basis of age.

H.

"Neglect" means, in the case of an Elder, the failure of a Caretaker

or Guardian to provide the basic needs of an Elder, though

financially able to, by not supplying resources, services, or

supervision necessary to maintain the Elder's minimum physical

and mental health and includes the inability of a person to supply

such basic needs for him or herself. Neglect is also:

1.

Interfering with delivery of necessary services and resources

to an Elder or Incapacitated Adult.

2.

Failing to report suspected abuse, neglect, or exploitation of

an Elder or Incapacitated Adult by any person who is a

Guardian or Caretaker.

3.

Subject to an Elder's right to refuse treatment and subject to

Caregiver's right to exercise sound medical discretion, the

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grossly negligent.

I.

6-4B-2

a.

Failure to provide any treatment, service, care,

medication, or item that is necessary to maintain the

health and safety of an Elder or Incapacitated Adult;

b.

Failure to take any reasonable precaution that is

necessary to prevent damage to the health or safety

of an Elder or Incapacitated Adult; or

c.

Failure to carry out a duty to supervise properly or

control the provision of any treatment, care, food

service, or medication necessary to maintain the

health or safety of an Elder or Incapacitated Adult.

d.

Failure of a Caretaker to provide, through financially

able to, the basic needs of a person by not supplying

resources, services, or supervision necessary to

maintain the person's minimum physical and mental

health where the person is unable to supply such

basic needs for him or herself.

"Physical harm" means an injury to the body that causes

substantial pain or incapacity.

Abuse of an Elder or Incapacitated Adult

A.

Abuse of an Elder or Incapacitated Adult consists of knowingly,

intentionally or negligently, and without justifiable cause, causing or

permitting through action or inaction, an Elder or Incapacitated

Adult to be:

1.

placed in a situation that may endanger the Elder's or

[Incapacitated] Adult's life or health;

2.

tortured, cruelly confined, or cruelly punished;

3.

exposed to the inclemency of the weather;

4.

[subjected to] physical contact that harms or is likely to

cause great physical or great emotional harm;

5.

[subjected to] inappropriate use of a physical or chemical

restraint, medication, or isolation that harms or is likely to

[cause] harm;

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6.

[subjected to] medically inappropriate conduct that causes or

is likely to cause great physical or psychological harm;

7.

[subjected to] an unlawful act, a threat, or menacing conduct

directed toward an Elder or Incapacitated Adult that results

or might reasonably be expected to result in fear or

emotional or mental distress;

8.

[subjected to] infliction of bodily injury, unreasonable

confinement, intimidation, or cruel punishment with resulting

Physical harm or pain or mental anguish.

9.

[subjected to] exploitation which is the unauthorized or

improper use of fund[s], property, or other resources of the

Elder or Incapacitated Adult, or the unauthorized or improper

use of the Elder or Incapacitated Adult by a family member,

Caretaker, or by any other person for personal gain or profit;

or the failure to use the funds, property, or other resources of

the Elder or Incapacitated Adult to the Elder's or

Incapacitated Adult's reasonable desires or not otherwise in

their best interests; [or]

10.

[subjected to] sexual abuse which includes, but is not limited

to, any physical contact intended for the sexual gratification

of the one who is making such contact and which is not

consented to by the Elder or Incapacitated Adult, or for

which consent is obtained by intimidation or fraud, or [where]

the Elder or Incapacitated Adult is deemed unable to give

consent.

B.

A person who commits abuse of an Elder or Incapacitated Adult

that does not result in their death or great bodily harm is, for a first

offense, guilty of a third degree felony and for second and

subsequent offenses is guilty of a second degree felony. If the

abuse results in great bodily harm to an Elder or Incapacitated

Adult, the person is guilty of a first degree felony.

C.

A person who commits negligent abuse of an Elder or Incapacitated

Adult that results in the death is guilty of a second degree felony.

D.

A person who commits intentional abuse of an Elder or

Incapacitated Adult [that] results in the death [of the Elder or

Incapacitated Adult] is guilty of a first degree felony.

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6-4B-3

Abandonment of an Elder or Incapacitated Adult

A.

Abandonment of an Elder or Incapacitated Adult consists of the

Guardian or Caretaker of an Elder or Incapacitated Adult

intentionally leaving or abandoning the Elder or Incapacitated Adult

under circumstances whereby the Elder or Incapacitated Adult may

or does suffer neglect or anytime when an Adult responsible for a

dependent Elder or Incapacitated Adult leaves the Elder or

Incapacitated Adult for more than three (3) days without

communication or fails to support the Elder or Incapacitated Adult,

or provide alternative support, and there is no indication of the

responsible person's willingness to assume or continue being

responsible for the Elder or Incapacitated Adult.

B.

A person who commits abandonment of an Elder or Incapacitated

Adult is guilty of a full misdemeanor, unless the abandonment

results in the Elder's or Incapacitated Adult’s death or great bodily

harm, in which case the person is guilty of a second degree felony.

6-4B-4

Offense Enhancement When Victim is an Elder or Incapacitated

Adult: [Any person who] commits any offense in this Title where the

victim is an Elder or Incapacitated Adult shall be guilty of an offense

that is subject to a one step increase in the maximum allowed

penalty.

Chapter 5.

CRIMINAL TRESPASS AND BURGLARY

6-5-1

Definitions. In this Chapter, unless the context otherwise requires:

A.

"Enter or remain unlawfully" means an act of a person who enters

or remains on premises when such person's intent for so entering

or remaining is not licensed, authorized or otherwise privileged.

B.

"Entry" means the intrusion of any part of any instrument or any

part of a person's body inside the external boundaries of a structure

or unit of real property.

C.

"Fenced commercial yard"

means a unit of real property

surrounded completely by either fences, walls, building, or similar

barriers or any combination thereof, and used primarily for business

operations or where livestock, produce or other commercial items

are located. Fenced commercial yard is also defined to be Pueblo

[of Acoma] property not otherwise covered under Nonresidential

structure.

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6-5-2

D.

"Fenced residential yard"

means a unit [of] real property

immediately surrounding or adjacent to a residential structure and

enclosed by a fence, wall, building or similar barrier, or any

combination thereof.

E.

"In the course of committing" means any acts performed by an

intruder from the moment of entry to and including flight from the

scene of a crime.

F.

"Nonresidential structure" means any structure other than a

residential structure, including Pueblo of Acoma office buildings and

work areas.

G.

"Residential structure" means any structure, moveable or

immovable, permanent or temporary, adapted for both human

residence and lodging whether occupied or not.

H.

"Structure" means any building, object, vehicle, railroad car or place

with sides and a floor, separately securable from any other

structure attached to it and used for lodging, business,

transportation, recreation or storage.

Criminal Trespass in the Third Degree

A.

B.

A person commits criminal trespass in the third degree by:

1.

Knowingly entering or remaining unlawfully on any real

property after a reasonable request to leave by the owner or

any other person having lawful control over such property, or

reasonable notice prohibiting entry.

2.

Knowingly entering or remaining unlawfully on the right-ofway for tracks, or the storage or switching yards or rolling

stock of a railroad company.

3.

Allowing one's livestock to graze or enter into the lands of

others.

4.

Knowingly entering the Acoma Pueblo [Lands] and while

there violating the laws or customs of Acoma [Pueblo].

Criminal trespass [in the third degree is] punishable as a petty

misdemeanor.

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6-5-3

6-5-4

Criminal Trespass in the Second Degree

A.

A person commits criminal trespass in the second degree by

knowingly entering or remaining unlawfully in any nonresidential

structure or fenced commercial yard.

B.

Criminal trespass in the second degree is punishable as a simple

misdemeanor.

Criminal Trespass in the First Degree

A.

B.

6-5-5

6-5-6

A person commits criminal trespass in the first degree by

knowingly:

1.

Entering or remaining unlawfully in a residential structure or

fenced residential yard; or

2.

Entering any residential yard and, without lawful authority,

looking into the residential structure thereon in reckless

disregard of infringing on the inhabitant's right of privacy.

Criminal trespass in the first degree is punishable as full

misdemeanor.

Possession of Burglary Tools

A.

A person commits possession of burglary tools by possessing any

explosive, tool, instrument or other article adapted or commonly

used for committing any form of burglary as defined in §§ 6-5-6, 65-7 and 6-5-8 and intending to use or permit the use of such an

item in the commission of a burglary.

B.

Possession of burglary tools is punishable as a petty misdemeanor.

Burglary in the Third Degree

A.

A person commits burglary in the third degree by entering or

remaining unlawfully in a nonresidential structure or fenced

commercial yard with the intent to commit any theft or any felony

therein.

B.

Burglary in the

misdemeanor.

third

degree

is punishable

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as a

simple

6-5-7

6-5-8

6-5-9

Burglary in the Second Degree

A.

A person commits burglary in the second degree by entering or

remaining unlawfully in a residential structure with the intent to

commit any theft [or] any felony therein.

B.

Burglary in the second degree is punishable as a full misdemeanor.

Burglary in the First Degree

A.

A person commits burglary in the first degree if such person or an

accomplice violates the provisions of either §§ 6-5-6 or 6-5-7 and is

armed with explosives, a deadly weapon or a dangerous instrument

in the course of committing any theft or any felony.

B.

Burglary in the first degree of a nonresidential structure or of a

residential structure is punishable as a fourth degree felony.

Burglary of Vehicle

A.

A person commits burglary of a vehicle by entering or remaining in

a vehicle without the owner's or user's permission; by tampering

with the entry points of the vehicle; or by breaking the windows of

the vehicle.

B.

Burglary of a vehicle is punishable by imprisonment as a high

misdemeanor.

Chapter 6.

CRIMINAL DAMAGE TO PROPERTY

6-6-1

Definitions. In this Chapter, unless the context otherwise requires:

A.

"Damaging" means "damage" as defined in § 6-7-[1(A)].

B.

"Defacing" means any unnecessary act of substantially marring any

surface or place, by any means, or any act of putting up, affixing,

fastening, printing or painting any notice upon any structure, without

permission from the owner.

C.

"Litter" includes any rubbish, refuse, waste material, paper, glass,

cans, bottles, organic or inorganic trash, debris, filthy or odoriferous

objects, dead animals, or any foreign substance of whatever kind or

description including junked or abandoned vehicles, whether or not

any of these items are of value.

D.

"Tamper" means any act of interference.

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E.

6-6-2

Criminal Damage

A.

B.

6-6-3

"Utility" means any enterprise, public or private, which provides

gas, electric, steam, water, sewer or communications services, as

well as any common carrier on land, rail, sea or air.

A person commits criminal damage by recklessly:

1.

Defacing or damaging property of another person [or entity,

including, but not limited to the Pueblo of Acoma];

2.

Tampering with property of another person [or entity,

including, but not limited to the Pueblo of Acoma]; so as

substantially to impair its function or value;

3.

Tampering with the property of a utility; or

4.

Parking any vehicle in such a manner as to deprive livestock

of access to the only reasonably available water.

Criminal damage is as follows:

1.

Criminal damage is in the first degree if the person

recklessly damages property of another in an amount of five

thousand dollars [($5,000)] or more, or if the person

recklessly causes impairment of the functioning of any utility.

This crime is punishable as a 4th degree felony.

2.

Criminal damage is in the second degree if the person

recklessly damages property of another in an amount of one

thousand five hundred dollars ($1,500) or more but less than

five thousand dollars ($5,000) and is punishable as a high

misdemeanor.

3.

Criminal damage is in the third degree if the person

recklessly damages property of another with a value of less

than one thousand five hundred dollars ($1,500) and is

punishable as a simple misdemeanor.

4.

The Court may also order restitution.

Criminal Littering or Polluting

A.

A person commits criminal littering or polluting if such person

without lawful authority:

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1.

Throws, places, drops or permits to be dropped on public

property or property of another which is not a lawful dump

any litter, destructive or injurious material which he does not

immediately remove;

2.

Discharges or permits to be discharged any sewage, oil

products or other harmful substances into any waters or onto

any shorelines within the [Pueblo of Acoma lands]; or

3.

Dumps any earth, soil, stones, ores or minerals on any

lands.

B.

Criminal littering or polluting is in the first degree if the act involves

placing any destructive or injurious material on or within fifty (50)

feet of a highway, beach or shoreline of any body of water used by

the public.

C.

Criminal littering or polluting in the first degree is punishable as a

high misdemeanor; in all other cases criminal littering or polluting is

punishable as a simple misdemeanor.

Chapter 7.

ARSON

6-7-1

Definitions: In this Chapter unless the context otherwise requires:

6-7-2

A.

"Damage" means any physical or visual impairment of any surface.

B.

"Occupied structure" means any structure as defined in

[Subsection] D in which one or more human beings either is or is

likely to be present or so near as to be in equivalent danger at the

time the fire or explosion occurs. The term includes any dwelling

house, whether occupied, unoccupied or vacant.

C.

"Property" means anything other than a structure which has value,

tangible or intangible, public or private, real or personal, including

documents evidencing value or ownership.

D.

"Structure" means any building, object, vehicle, watercraft, aircraft

or place with sides and a floor, separately securable from any other

structure attached to it and used for lodging, business,

transportation, recreation or storage.

Reckless Burning

A.

A person commits reckless burning by recklessly causing a fire or

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Page 6 - 52

explosion which results in damage to an occupied structure,

unoccupied structure or property.

6-7-3

6-7-4

B.

Reckless burning is punishable as a petty misdemeanor.

C.

The court may order restitution.

Arson of an Unoccupied Structure or Property; Classification

A.

A person commits arson of an unoccupied structure or property by

damaging an unoccupied structure or property by knowingly

causing a fire or explosion.

B.

Arson of an unoccupied structure is punishable as a high

misdemeanor.

C.

The Court may order restitution.

Arson of an Occupied Structure; Classification

A.

A person commits arson of an occupied structure by damaging an

occupied structure by knowingly causing a fire or explosion.

B.

Arson of an occupied structure is punishable as a third degree

felony.

Chapter 8.

THEFT

6-8-1

Definitions. In this Chapter, unless the context otherwise requires:

A.

"Control" or "exercise control" means to act so as to exclude others

from using their property except on the defendant's own terms.

B.

"Deprive" means to withhold the property interest of another either

permanently or for so long a time period that a substantial portion of

its economic value or usefulness or enjoyment is lost, or to withhold

it with the intent to restore it only upon payment of reward or other

compensation or to transfer or dispose of it so that it is unlikely to

be recovered.

C.

"Material

misrepresentation"

means

pretense,

promise,

representation or statement of present, past or future fact which is

fraudulent and which, when used or communicated, is instrumental

in causing the wrongful control or transfer of property or services.

The pretense may be verbal or it may be a physical act.

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D.

"Means of transportation" means any vehicle.

E.

"Obtain" means to bring about or receive the transfer of any interest

in property, whether to a defendant or to another, or to secure

performance of a service.

F.

"Property of another" means property in which any person other

than the defendant has an interest which the defendant is not

privileged to infringe, including property in which the defendant also

has an interest, notwithstanding the fact that the other person might

be precluded from civil recovery because the property was used in

an unlawful transaction or was subject to forfeiture as contraband.

Property in possession of the defendant is not in such property,

even if legal title is in the creditor pursuant to a security agreement.

G.

"Services" includes labor, professional service, transportation,

telephone, gas or electricity services, accommodation in hotels,

restaurants, leased premises or elsewhere, admission to

exhibitions and use of vehicles or other moveable property.

H.

"Value" means the fair market value of the property or services at

that time of the theft. Written instruments which do not have a

readily ascertained market value have their value either the face

amount of indebtedness less the portion satisfied or the amount of

economic loss involved in deprivation of the instrument whichever

is greater. When property has undeterminable value its value shall

be determined by the trier of fact and, in reaching its decision, all

relevant evidence may be considered including evidence of such

property's value to its owner.

Amount taken in thefts committed pursuant to one [(1)] scheme or

course of conduct, whether from one [(1)] or several persons, may

be aggregated in the indictment or information at the discretion of

the Pueblo in determining the classification of the offense.

6-8-2

Theft; Classification

A.

A person commits theft if, without lawful authority, such person

knowingly:

1.

Controls property of another with the intent to deprive him of

such property;

2.

Converts for an unauthorized term or use services or

property of another entrusted to the defendant or placed in

the defendant's possession for a limited, authorized term of

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Page 6 - 54

use;

B.

6-8-3

6-8-4

3.

Obtains property or services of another by means of any

material misrepresentation with intent to deprive him of such

property or services;

4.

Comes into control of lost, mislaid or [wrongly] delivered

property of another under circumstances providing means of

inquiry as to the true owner and appropriates such property

to his own or another's use without reasonable efforts to

notify the true owner;

5.

Controls property of another knowing or having reason to

know that the property was stolen; or

6.

Obtains services known to the defendant to be available only

for compensation without paying or an agreement to pay

such compensation or diverts another's services to his own

or another's benefit without authority to do so.

Theft of property or services with a value of more than one

thousand dollars ($1000) is punishable as a high misdemeanor.

Theft of property or services with a value of more than one hundred

dollars ($100)simple misdemeanor. Theft of any property or

services at one hundred dollars ($100) or less is punishable as a

petty misdemeanor. Theft of firearms, livestock or a motor vehicle

shall be punishable as a 4th degree felony.

Unlawful Use of Means of Transportation; Auto Theft

A.

A person commits unlawful use of means of transportation if,

without intent permanently to deprive, such person knowingly takes

unauthorized control over another's means of transportation.

B.

Unlawful use of means of transportation is punishable as a petty

misdemeanor.

Theft by Extortion

A.

A person commits theft by extortion by knowingly obtaining or

seeking to obtain property or services by means of a threat to do in

the future any of the following:

1.

Cause physical injury to anyone by means of a deadly

weapon or dangerous instrument;

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Page 6 - 55

B.

6-8-5

2.

Cause physical injury to any except as provided in

Paragraph 1;

3.

Cause damage to property;

4.

Engage in other conduct constituting an offense;

5.

Accuse anyone of a crime or bring criminal charges against

anyone;

6.

Expose a secret or an asserted fact, whether true or false,

tending to subject anyone to hatred, contempt or ridicule or

to impair his credit or business;

7.

Take or withhold action as a public servant or cause a public

servant to take or withhold action;

8.

Tak[e] or withhold action or caus[e] [anyone] to take or

withhold action for a compensation, monetary or other; [or]

9.

Perform or cause to be performed any other act which would

not in itself materially benefit the defendant with respect to

his wealth, safety, business calling, career, financial

condition, reputation or personal relationships.

Theft by extortion, as defined in Subsection A, is punishable as a

high misdemeanor.

Shoplifting; Detaining Suspect; Defense to Wrongful Detention; Civil

Action by Merchant; Classification; Public Services in Lieu of Fines

A.

A person commits shoplifting if, while in an establishment in which

merchandise is displayed for sale, such person knowingly obtains

such goods of another with the intent to deprive him of such goods

by:

1.

Removing any of the goods from the immediate display or

from any other place within the establishment without paying

the purchase price;

2.

Charging the purchase price of the goods to a fictitious

person or any person without his authority;

3.

Paying less than the purchase price of the goods by some

trick or artifice such as altering, removing, substituting or

otherwise disfiguring any label, price tag or marking;

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6-8-6

4.

Transferring the goods from one container to another; or

5.

Concealment.

B.

Any person who knowingly conceals upon himself or another

person unpurchased merchandise of any mercantile establishment

while within the mercantile establishment shall be presumed to

have the necessary culpable mental state pursuant to Subsection

A.

C.

A merchant, or his agent or employee, with reasonable cause, may

detain on the premises in a reasonable manner and for a

reasonable time any person suspected of shoplifting as defined in

Subsection A for questioning or summoning a [peace] officer.

D.

Reasonable cause is a defense to a civil or criminal action against

a peace officer, merchant or an agent or employee of such

merchant for false arrest, false or unlawful imprisonment or

wrongful detention.

E.

If a minor engages in conduct which violates Subsection A

notwithstanding the fact that such minor may not be held

responsible because of his minority, any merchant injured by the

shoplifting of such minor may bring a civil action against the parent

or legal guardian of such minor.

F.

Shoplifting property with a value of more than one thousand dollars

($1000) is punishable as a high misdemeanor. Shoplifting property

with a value of more than one hundred dollars ($100) but not more

than one thousand dollars ($1,000) is punishable as a simple

misdemeanor.

G.

The court may, in imposing sentence upon a person convicted of

violating this Section, require any person to perform public service

designated by the court in addition to or in lieu of any fine which the

court might impose.

Unlawful Failure to Return Rented Property; Classification

A.

A person commits unlawful failure to return rented property if,

without notice to and permission of the lessor of property leased for

a period of time, such person knowingly fails without good cause to

return such property within seventy-two (72) hours after the time

provided for such return in the rental agreement.

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B.

The lessor shall include within the rental agreement, in bold print,

clear written notice to the lessee of the date and time on which

return of the property is required and of the maximum penalties to

which the lessee shall be subject upon failure to return the property

within seventy-two (72) hours of that date and time.

C.

It shall be a defense to prosecution under this section that the

defendant was physically incapacitated and unable to request or

obtain permission of the lessor to retain the property or that the

property itself was in such condition, through no fault of the

defendant, that it could not be returned to the lessor within such

time.

D.

Unlawful failure to return rented property is punishable as a petty

misdemeanor.

6-8-7

Disposal of Encumbered Property: It shall be unlawful for any person to

dispose of in any way, property which he knows to be encumbered.

Chapter 9.

ROBBERY

6-9-1

Definitions: In this Chapter, unless the context otherwise requires:

6-9-2

A.

"Force" means any physical act directed against a person as a

means of gaining control of property.

B.

"In the course of committing" means all the defendant's acts

beginning with the initiation and extending through the flight from a

robbery.

C.

"Property of another" means property of another as defined in

Section 6-8-[1(F).

D.

"Threat" means a verbal or physical menace of imminent physical

injury to a person.

Robbery

A.

A person commits robbery if in the course of taking any property of

another from his person or immediate presence and against his will,

such person threatens or uses force against any person with intent

either to coerce surrender of property or to prevent resistance to

such person taking or retaining property.

B.

Robbery is punishable as a high misdemeanor.

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6-9-3

6-9-4

Aggravated Robbery

A.

A person commits Aggravated Robbery if in the course of

committing robbery such person is aided by one or more

accomplices [who are] actually present.

B.

Aggravated Robbery is punishable as a 4th degree felony.

Armed Robbery; Classification

A.

A person commits Armed Robbery if in the course of committing

robbery such person or an accomplice:

1.

Is armed with a deadly weapon; or

2.

Uses or threatens to use a deadly weapon or dangerous

instrument.

B.

For the purposes of this Chapter, exhibition in the course of

committing Armed Robbery of an article fashioned or used in a

manner to lead any reasonable person to believe it to be deadly or

dangerous is presumed evidence of its deadly or dangerous

character.

C.

Armed Robbery is punishable as a third degree felony.

Chapter 10. FORGERY AND RELATED OFFENSES

6-10-1

Definitions. In this Chapter, unless the context otherwise requires:

A.

"Coin machine" means a coin box, turnstile, vending machine or

other mechanical, electrical, or electronic device or receptacle

designed to receive a coin or bill of a certain denomination or a

token made for such purpose, and in return for the insertion or

deposit thereof, automatically to offer, provide, assist in providing or

permit the acquisition or use of some property or service.

B.

"Complete written instrument" means a written instrument which

purports to be genuine and fully drawn with respect to every

essential feature thereof.

C.

”Forged instrument" means a written instrument which has been

falsely made, completed or altered.

D.

"Incomplete written instrument" means a written instrument which

contains some matter by way of content or authentication but which

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Page 6 - 59

requires additional matter to render it a complete written instrument.

6-10-2

E.

"Slug" means an object, article or device which by virtue of its size,

shape or any other quality is capable of being inserted, deposited

or otherwise used in a coin machine as a fraudulent substitute for a

genuine token, lawful coin, or bill of the United States.

F.

"To falsely alter a written instrument" means to change, without the

permission of anyone entitled to grant it, a written instrument,

whether complete or incomplete, by means of erasure, obliteration,

deletion, insertion of new matter, transposition of matter or in any

other manner, so that the altered instrument falsely appears or

purports to be in all respects an authentic creation of, [or authorized

by] its ostensible maker.

G.

"To falsely complete a written instrument" means to transform an

incomplete written instrument into a complete one by adding,

inserting or changing matter without the permission of anyone

entitled to grant it, so that the complete written instrument f

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