PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)
Tribal code
Ask Donna
What actually matters in this document.
Text
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 14
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 15
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 16
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 17
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 18
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 19
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 20
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 21
(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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 22
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 23
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 24
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 25
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 26
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 27
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 28
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 29
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 30
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 31
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 32
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 33
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 34
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 35
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 36
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 37
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 38
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 39
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 40
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 41
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 42
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]
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 43
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 44
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 45
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 46
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 47
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 48
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 49
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 50
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 51
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 53
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 56
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 57
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 6 - 58
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.