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Law and Order Code

Pueblo of Isleta

Approved for Printing

April 18, 2018

TABLE OF CONTENTS

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RETAINED SECTIONS OF 1965 LAW AND ORDER CODE .................................. 1

1-1-17.

Law Applicable to Civil Actions ................................................................... 1

1-1-18.

Judgments in Civil Actions ........................................................................... 1

1-1-19.

Costs in Civil Actions .................................................................................... 1

1-1-20.

Determination of Paternity and Support..................................................... 1

1-1-21.

Determination of Heirs .................................................................................. 2

1-1-22.

Approval of Wills ........................................................................................... 2

1-1-70.

Statute of Limitations – Criminal ................................................................ 2

1-1-71.

Statute of Limitations – Civil ........................................................................ 3

CHAPTER 30 LAW & ORDER CODE ........................................................................ 4

30-01

GENERAL PROVISIONS............................................................................. 4

30-01-01. Title .................................................................................................................. 4

30-01-02. Authority ......................................................................................................... 4

30-01-03. Savings Clause................................................................................................. 4

30-01-04. Prior Inconsistent Laws Repealed................................................................. 4

30-01-05. Rules and Regulation...................................................................................... 4

30-01-06. Effective Date .................................................................................................. 5

30-01-07. Budgeting of Funds; Allocation of Revenues ............................................... 5

30-01-08. Scope and Purpose .......................................................................................... 5

30-01-09. Jurisdiction ...................................................................................................... 5

30-01-10. Classification of Misdemeanors ..................................................................... 7

30-01-11. Classification of Forfeitures ........................................................................... 7

30-01-12. Disposition of Fines and Forfeitures ............................................................. 8

30-01-13. Increased Penalty for Habitual Criminality ................................................ 8

30-02

DEFENSES...................................................................................................... 8

30-02-01. Intoxication...................................................................................................... 8

30-02-02. Mistake ............................................................................................................ 8

30-02-03. Adequate Provocation .................................................................................... 9

30-02-04. Privilege ........................................................................................................... 9

30-02-05. Coercion ........................................................................................................... 9

30-02-06. Necessity .......................................................................................................... 9

30-02-07. Self Defense and Defense of Others............................................................... 9

30-03

INCHOATE CRIMES ................................................................................. 10

30-03-01. Attempt .......................................................................................................... 10

30-03-02. Conspiracy..................................................................................................... 10

30-03-03. Solicitation ..................................................................................................... 11

30-03-04. Accomplice to a Crime ................................................................................. 11

30-04

CRIMES AGAINST BODILY SECURITY............................................... 11

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30-04-01. Intentional Homicide .................................................................................... 11

30-04-02. Reckless Homicide ........................................................................................ 12

30-04-03. Assault............................................................................................................ 12

30-04-04. Aggravated Assault....................................................................................... 12

30-04-05. Assault with Intent to Commit Rape .......................................................... 12

30-04-06. Assault With Intent to Cause Serious Physical Injury.............................. 13

30-04-07. Assault With Intent to Kill ........................................................................... 13

30-04-08. Harassment.................................................................................................... 13

30-04-09. Stalking .......................................................................................................... 13

30-04-10. Threatening or Intimidating ........................................................................ 14

30-04-11. Kidnapping .................................................................................................... 14

30-04-12. Custodial Interference .................................................................................. 14

30-04-13. False Imprisonment ...................................................................................... 14

30-04-14. Violation of an Injunction ............................................................................ 15

30-04-15. Battery ........................................................................................................... 15

30-04-16. Aggravated Battery ...................................................................................... 15

30-04-17. Assault on a Police Officer ........................................................................... 15

30-04-18. Aggravated Assault on a Police Officer ...................................................... 16

30-04-19. Battery on a Police Officer ........................................................................... 16

30-04-20. Aggravated Battery on a Police Officer ...................................................... 16

30-05

CRIMES AGAINST CHILDREN .............................................................. 17

30-05-01. Abuse of a Child............................................................................................ 17

30-05-02. Obstruction of Investigation of Injuries to a Child ................................... 17

30-05-03. Abandonment of a Child .............................................................................. 18

30-05-04. Failure to Support a Dependent .................................................................. 18

30-05-05. Contributing to the Delinquency of a Minor.............................................. 18

30-05-06. Failure to Send a Child to School ................................................................ 18

30-05-07. Enticement of a Child ................................................................................... 19

30-05-08. Molestation of a Child .................................................................................. 19

30-05-09. Sexual Conduct With a Minor..................................................................... 19

30-05-10. Public Sexual Indecency to a Minor ........................................................... 19

30-05-11. Sexual Exploitation of a Child ..................................................................... 19

30-05-12. Commercial Sexual Exploitation of a Child ............................................... 20

30-05-13. Defenses to Sexual Contact With a Child ................................................... 20

30-06

WEAPONS OFFENSES .............................................................................. 20

30-06-01. Carrying a Concealed Weapon ................................................................... 20

30-06-02. Unlawful Possession of Deadly or Dangerous Weapon ............................. 21

30-06-03. Possession of Deadly or Dangerous Weapons on School Grounds or at

School Activities .............................................................................................................. 21

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30-06-04. Possession of Deadly or Dangerous Weapons by Persons Convicted of

Crimes of Violence .......................................................................................................... 21

30-06-05. Negligent Use of Deadly Weapon ................................................................ 22

30-06-06. Reckless Storage of a Firearm ..................................................................... 22

30-06-07. Drive By Shooting ......................................................................................... 22

30-06-08. Misuse of Fireworks or Explosives.............................................................. 22

30-06-09. Communicating a Bomb Scare .................................................................... 22

30-07

NUISANCES ................................................................................................. 23

30-07-01. Public Nuisance ............................................................................................. 23

30-07-02. Polluting Water ............................................................................................. 23

30-07-03. Littering ......................................................................................................... 23

30-07-04 Abandonment of Dangerous Containers .................................................... 23

30-07-05. Abandonment of Hazardous Materials ...................................................... 24

30-08

SEXUAL OFFENSES .................................................................................. 24

30-08-01. Prostitution .................................................................................................... 24

30-08-02. Indecent Exposure ........................................................................................ 24

30-08-03. Public Sexual Indecency............................................................................... 24

30-08-04. Knowingly Transmitting a Contagious Disease ......................................... 25

30-08-05. Sexual Assault ............................................................................................... 25

30-08-06. Sexual Assault of a Spouse ........................................................................... 25

30-10

MARITAL AND FAMILIAL OFFENSES ................................................ 26

30-10-01. Bigamy ........................................................................................................... 26

30-10-02. Incest .............................................................................................................. 26

30-10-03. Domestic Violence ......................................................................................... 26

30-10-04. Aggravated Assault Against a Household Member................................... 26

30-10-05. Battery Against a Household Member ....................................................... 27

30-10-06. Elder Abuse ................................................................................................... 27

30-10-07. Neglect of an Elder ....................................................................................... 28

30-10-08. Financial Abuse of an Elder ........................................................................ 28

30-10-09. Assault on a Household Member ................................................................ 28

30-10-10. Aggravated Battery on a Household Member ........................................... 28

30-11

ABUSE OF PRIVACY ................................................................................. 29

30-11-01. Defamation .................................................................................................... 29

30-11-02. Disturbance, Removal or Destruction of Antiquities ................................ 29

30-11-03. Defacing Tombs, Burial Grounds ............................................................... 30

30-12

TRESPASS .................................................................................................... 30

30-12-01. Criminal Trespass......................................................................................... 30

30-12-02. Tampering With No Trespass Sign ............................................................. 30

30-12-03. Misusing Public Property ............................................................................ 30

30-12-04. Breaking and Entering ................................................................................. 30

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30-12-05. Criminal Damage to Property ..................................................................... 31

30-12-06. Aggravated Criminal Damage to Property ................................................ 31

30-12-07. Theft ............................................................................................................... 31

30-12-08. Shoplifting ..................................................................................................... 31

30-12-09. Fraud.............................................................................................................. 32

30-12-10. Embezzlement ............................................................................................... 32

30-12-11. Extortion ........................................................................................................ 32

30-12-12. Issuance of Bad Checks ................................................................................ 32

30-12-13. Forgery .......................................................................................................... 32

30-12-14. Receiving Stolen Property............................................................................ 33

30-12-15. Unlawful Disposal, Removal, or Concealment of Encumbered Property33

30-12-16. Unlawful Disposal of Decedent’s Estate ..................................................... 33

30-12-17. Unlawful Burning ......................................................................................... 33

30-12-18. Arson .............................................................................................................. 33

30-12-19 Burglary......................................................................................................... 34

30-13

ANIMALS ..................................................................................................... 34

30-13-01. Cruelty to Animals........................................................................................ 34

30-13-02. Negligent Control of a Vicious Animal ....................................................... 34

30-13-03. Maintaining Prohibited Animals ................................................................. 34

30-14

LIVESTOCK ................................................................................................ 35

30-14-01. Failure to Brand Livestock .......................................................................... 35

30-14-02. Brands; Recording: Evidence of Ownership.............................................. 35

30-14-03. Brands: Property Subject to Sale, Assignment, and Descent ................... 35

30-14-04. Using More than One Brand ....................................................................... 35

30-14-05. Brands of Minors: Responsibility of Parents or Guardians .....................35

30-14-06. Bills of Sale: Necessity and Presumptions: ……………………………….36

30-14-07. Bills of Sale: Requirements .......................................................................... 36

30-14-08. Failure to Exhibit Bill of Sale of Livestock................................................. 36

30-14-09. Failure to Obtain a Permit to Import Animals .......................................... 37

30-14-10. Inspection of Brands and Earmarks of Exported Cattle .......................... 37

30-14-11. Failure to Hold Export Cattle for Inspection ............................................. 37

30-14-12. Home Slaughter without Inspection ........................................................... 37

30-14-13. Offenses by Inspector ................................................................................... 38

30-14-14. Unbranded Cattle: Estrays .......................................................................... 38

30-14-15. Ownership: Possession ................................................................................. 38

30-14-16. Officers May Stop Vehicles: Failure to have Certificate: Arrest and

Seizure

........................................................................................................................ 38

30-14-17. Sale of Carcasses to Prevent Loss by Spoiling ........................................... 39

30-14-18. Return to Owner: Sale of Livestock or Carcasses: Disposition of Proceeds

........................................................................................................................ 39

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30-14-19. Definition of Carcasses ................................................................................. 39

30-14-20. Failure to Close Gate: Penalty ..................................................................... 39

30-14-21. Taking Up of Estray Animals ...................................................................... 39

30-14-22. Fence Breaking: Penalty .............................................................................. 39

30-14-23. Earmarks: Recording ................................................................................... 40

30-14-24. Unlawful Branding ....................................................................................... 40

30-14-25. Unlawful Disposition of Animal .................................................................. 40

30-14-26. Illegal Confinement of Animals ................................................................... 41

30-14-27. Unlawful Taking of Big Game Wildlife ...................................................... 41

30-15

CRIMES AGAINST PUBLIC PEACE ...................................................... 42

30-15-01. Disorderly Conduct ...................................................................................... 42

30-15-02. Public Intoxication ........................................................................................ 42

30-15-03. Allowing Loitering of Minors ...................................................................... 42

30-15-04. Serving Alcohol to Minors ........................................................................... 42

30-15-05. Use of Telephone to Intimidate, Threaten, Harass, or Offend ................. 43

30-15-06. Participating in or Assisting a Criminal Gang .......................................... 43

30-15-07. Joyriding ........................................................................................................ 43

30-16

INTERFERENCE WITH LAW ENFORCEMENT ................................. 43

30-16-01. Resisting, Evading, or Obstructing a Police Officer.................................. 43

30-16-02. Impersonating a Tribal Official .................................................................. 44

30-16-03. Harboring a Fugitive .................................................................................... 44

30-16-04. Escape ............................................................................................................ 44

30-17

CRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION 45

30-17-01. Demanding Illegal Fees ................................................................................ 45

30-17-02. Paying/Receiving Public Money For Services Not Rendered……………45

30-17-03. Unlawful Interest in a Public Contract....................................................... 45

30-17-04. Bribery ........................................................................................................... 45

30-17-05. Soliciting a Bribe........................................................................................... 45

30-17-06. Acceptance of Bribe by a Witness ............................................................... 46

30-17-07. Bribery, Intimidation or Retaliation Against a Witness…………………46

30-17-08. Perjury ........................................................................................................... 46

30-17-09. Malicious Prosecution .................................................................................. 46

30-17-10. Obstructing Judiciary Officers.................................................................... 47

30-18

TOXIC AND CONTROLLED SUBSTANCES ......................................... 47

30-18-01. Unlawful Inhalation of Toxic Vapors ......................................................... 47

30-18-02. Possession of Controlled Substances ........................................................... 47

30-18-03. Trafficking Controlled Substances or Toxic Substances .......................... 48

30-18-04. Possession, Use or Trafficking of Controlled or Toxic Substances in Drug

Free Zones........................................................................................................................ 48

30-18-05. Possession of Drug Paraphernalia............................................................... 48

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30-18-06. Trafficking of Toxic Substances to Minors ................................................ 49

30-19

FRAUD AND INDIAN CRAFTS ................................................................ 49

30-19-01. Indian Arts and Crafts ................................................................................. 49

30-19-02. Sale of Fraudulent Indian Arts and Crafts ................................................ 49

30-20

VICTIM’S RIGHTS ACT ........................................................................... 49

30-20-01. Victim’s Bill of Rights .................................................................................. 49

30-21

DEFINITIONS FOR CHAPTER 30: LAW AND ORDER CODE ......... 50

30-21-01. Scope .............................................................................................................. 50

30-21-02. Definitions...................................................................................................... 51

COMPILER’S NOTES .................................................................................................. 57

RETAINED SECTIONS OF 1965 LAW AND ORDER CODE

pursuant to Pueblo of Isleta Council Resolution No. 2008-192

1-1-17.

Law Applicable to Civil Actions

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In all civil cases, the Pueblo of Isleta Judiciary shall apply applicable

Pueblo of Isleta Ordinances or customs, unless prohibited by the laws of the United

States, in which case such laws shall apply.

Where any doubt arises as to the customs and usages or the Tribe, the

Judiciary may request the advice of counsellor familiar with these customs and usages.

Any matters that are not covered by the ordinances and customs of the

Pueblo of Isleta or by the laws of the United States, shall be decided by the Pueblo of

Isleta Judiciary according to the laws of the State of New Mexico.

1-1-18.

Judgments in Civil Actions

In all civil cases, judgment shall consist of any order of the Judiciary

awarding money damages to be paid to the injured party, or directing the surrender of

certain property to the injured party, or the performance of some other act for the benefit

of the injured party.

Where the injury inflicted was the result of carelessness of the defendant,

the judgment shall fairly compensate the injured party for the loss he has suffered.

Where the injury was deliberately inflicted, the judgement may impose an

additional penalty upon the defendant, which additional penalty may run either in favor

of the injured party or in favor of the Tribe.

1-1-19.

Costs in Civil Actions

The Judiciary may assess the accruing costs of the case against the party or parties

against who judgment is given.

1-1-20.

Determination of Paternity and Support

The Pueblo of Isleta Judiciary shall have jurisdiction of all suits brought to

determine the paternity of a child and to obtain a judgment for the support of a child. A

judgment of the Judiciary establishing the identity of the father of the child shall be

conclusive of the fact in all subsequent determinations of inheritance by the Pueblo of

Isleta Judiciary.

See Ordinance on Paternity Determinations, enacted September 25, 2012 by

Resolution 2012-034A.

Page 1 of 57

1-1-21.

Determination of Heirs

When any member of the Tribe does leaving property other than an

allotment or other trust property subject to the jurisdiction of the United States, any

member claiming to be an heir of the of the decedent may bring a suit in the Pueblo of

Isleta Judiciary to have the Judiciary determine the heirs of the decedent and to divide

amount the heirs such property of the decedent. No determination of heirs shall be made

unless all the possible heirs know to the Judiciary and to the claimant have been notified

of the suit and given full opportunity to come before the Judiciary and defend their

interests. Possible heirs who are not residents of the reservation under the jurisdiction of

the Judiciary must be notified by mail and a copy of the notice must be preserved for the

record of the case.

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In the determination of heirs the Judiciary shall apply the custom of the

Tribe as to inheritance if such custom is proved. Otherwise, the Judiciary shall apply the

law of the State of New Mexico in deciding what relatives of the decedent are entitled to

be his heirs.

Where the estate of the decedent includes any interest in restricted allotted

lands or other property held I trust by the United States, over which the examiner of

inheritance would have jurisdiction, the Pueblo of Isleta Judiciary may distribute only

such property as does not come under the jurisdiction of the examiner of inheritance.

See Probate Ordinance, approved by Tribal Council June 10, 2014. (12-0-0)

Effective October 8, 2015.

1-1-22.

Approval of Wills

Repealed by Probate Ordinance, approved by Tribal Council June 10, 2014. (120-0) Effective October 8, 2015.

1-1-70.

Statute of Limitations – Criminal

No person shall hereafter be prosecuted, tried or punished in any court of the

Isleta Pueblo Judiciary unless the criminal complaint shall be made or warrant issued

within one (1) year from the time the crime was committed. If, after an offense has been

committed, the defendant shall conceal himself or go outside the exterior boundaries of

Isleta Pueblo, the prosecution for such crime may be commenced within the time

prescribed herein after defendant ceases to conceal himself or returns to the lands of the

Pueblo of Isleta. No period shall be included in the time of limitation when the party

charged with a crime is not usually and publicly a resident of the Pueblo of Isleta.

Page 2 of 57

1-1-71.

Statute of Limitations – Civil

No civil suit or action may be brought after five (5) years from the date on

which its cause of action arises.

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This section does not apply to Probate proceedings authorized by the Probate

Ordinance. See Section 6.4 of Probate Ordinance, approved by Tribal Council June 10,

2014. (12-0-0) Effective October 8, 2015.

Page 3 of 57

CHAPTER 30

LAW & ORDER CODE

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30-01 GENERAL PROVISIONS

30-01-01.

Title

This Chapter shall be known and cited as the Pueblo of Isleta “Law and Order

Code” (hereinafter referred to in this Chapter as this “Code”) and shall be cited to as

P.O.I. Code, Chapter 30.

30-01-02.

Authority

This Code is enacted pursuant to the inherent governmental powers of the Pueblo

of Isleta Tribe and through Article V, Section (2) (e) of the Pueblo of Isleta Constitution.

30-01-03.

Savings Clause

In the event that any provision of this Code is declared invalid or unconstitutional

by a court of competent jurisdiction, all other provisions shall not be affected and shall

remain in full force and effect. The Isleta Tribal Court (hereinafter referred to in this

Chapter as the “Court”) shall ensure that the Isleta Tribal Council is placed on notice of

any Constitutional challenge to any provision contained in this Code to afford the Isleta

Tribal Council an opportunity to defend the provision.

30-01-04.

Prior Inconsistent Laws Repealed

Any existing laws or enactments which are inconsistent with this Code are

specifically repealed; provided that Sections 1-1-17 through 22, 1-1-70 and 1-1-71 of the

Pueblo’s Law & Order Code, as in effect immediately prior to the effectiveness of this

Code, shall expressly survive in accordance with the adopting resolution.

30-01-05.

Rules and Regulation

The Governor, or his or her designee, in his or her executive capacity, may

recommend enactment of rules and regulations as necessary to enforce this Code to the

Tribal Council. Any such rule or regulation shall take effect only upon enactment by the

Tribal Council.

The Court may enact rules of practice consistent with the Constitution and

laws of the Pueblo to facilitate all matters necessary for efficient use of the Court’s time.

The Court may, from time to time, request and recommend that the Council make

changes to this Code to facilitate the efficient and orderly use of the Court’s resources.

Page 4 of 57

30-01-06.

Effective Date

This Code shall be effective (i) when approved by the Secretary of

Interior, or (ii) if the Secretary of the Interior does not disapprove this Code within one

hundred and twenty (120) days following receipt by the Superintendent of the Southern

Pueblos Agency, on the one hundred twenty-first (121st) day after such receipt by the

Superintendent, as provided at Article X, Section 1 of the Pueblo’s Constitution.

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This Code shall apply to all criminal conduct occurring after the effective

date of this Code as provided at Subsection A above and the Pueblo’s Constitution. Any

proceeding conducted after the effective date of this Code with respect to criminal

conduct occurring before its effective date shall remain subject to the Law & Order Code

in effect prior to enactment of this Code.

30-01-07.

Budgeting of Funds; Allocation of Revenues

this Code.

The Legislature shall annually budget funds to effectuate the purpose of

Revenues collected through this Code shall be allocated as may be

determined by the Tribal Council.

30-01-08.

Scope and Purpose

This Code shall govern the activities of all persons acting within the

exterior boundaries of the Pueblo of Isleta Reservation.

Any portion of this Code that adopts the law of any state shall incorporate

and apply such state law as in effect on the date of the enactment of this Code, unless the

Tribal Council shall elect to amend this Code to incorporate changes to state law adopted

after the effective date of this Code.

The purpose of this Code is to protect the health, safety, and welfare of the

Pueblo of Isleta community members within the exterior boundaries of the reservation.

30-01-09.

Jurisdiction

The judicial power of the Isleta Judiciary shall extend to:

All violations of the laws of the Pueblo of Isleta committed within

the exterior boundaries of the Pueblo of Isleta, within any other

lands held in trust for or owned in fee by the Pueblo of Isleta, or

within any other lands controlled by the Pueblo of Isleta (“Pueblo

Lands”);

Page 5 of 57

All civil actions in which one party is the Pueblo of Isleta, an

unincorporated enterprise or wholly-owned entity thereof, or an

official or employee of the Pueblo, acting in his or her official

capacity;

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All civil actions in which the cause of action arose, in whole or in

part, on Pueblo Lands;

All other matters over which jurisdiction has been heretofore

vested in the “Isleta Judiciary” or which may hereafter be placed

within the jurisdiction of the Isleta Tribal Courts;

provided, however, that notwithstanding the foregoing or anything else contained in this

Code, no claim, suit. or action, including a counterclaim, may be maintained against the

Pueblo of Isleta, any unincorporated enterprise or wholly-owned entity thereof, or any

official or employee of the Pueblo, acting in his or her official capacity, in the Isleta

Tribal Courts or in any other forum, unless and to the extent that the Pueblo has expressly

waived its sovereign immunity with respect to a particular claim or class of claim by (i)

an ordinance or resolution duly adopted by the Tribal Council, or (ii) the express terms of

a contract authorized by the Tribal Council and executed by the Governor or a Lieutenant

Governor of the Pueblo, and such claim, suit, or action, is within the express scope of any

such waiver.

The Pueblo of Isleta Judiciary shall deliver to the proper Federal

authorities any offender over whom the Federal courts shall assert jurisdiction according

to law.

No judgment shall be given on any civil suit unless the defendant has

actually received notice of such suit and has at least fifteen (15) days in which to appear

in court in his defense. Evidence of the receipt of the notice shall be kept as part of the

record of the case.

The Pueblo of Isleta Tribe has original and absolute jurisdiction on any

basis consistent with its sovereignty, Constitution, and laws to prosecute any Tribal

member or any non-member Indian for acts covered under this Code, except as may be

expressly limited by the laws of the United States.

The Pueblo of Isleta Tribe has jurisdiction, consistent with its sovereignty,

Constitution and laws to maintain a civil enforcement action against non-Indians for acts

prohibited or regulated under this Code, except as may be expressly limited by the laws

of the United States. However, the remedies available in any such civil enforcement

action shall be limited to civil forfeitures and community service only.

Page 6 of 57

30-01-10.

Classification of Misdemeanors

Misdemeanors under this Code shall be classified as follows:

Class A Misdemeanor.

Class B Misdemeanor.

Class C Misdemeanor.

Class D Misdemeanor.

Class E Misdemeanor.

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30-01-11.

Penalties for Misdemeanors are as follows:

Class A Misdemeanor, up to one hundred eighty (180) days

imprisonment, 360 hours of community service, a fine/forfeiture

not to exceed $500.00, or any combination of the three.

Class B Misdemeanor, up to one hundred twenty (120) days

imprisonment, 240 hours of community service, a fine/forfeiture

not to exceed $400.00, or any combination of the three.

Class C Misdemeanor, up to ninety (90) days imprisonment, 180

hours of community service, a fine/forfeiture not to exceed

$300.00, or any combination of the three.

Class D Misdemeanor, up to sixty (60) days imprisonment, 120

hours of community service, a fine/forfeiture not to exceed

$200.00, or any combination of the three.

Class E. Misdemeanor, up to thirty (30) days imprisonment, up to

sixty (60) hours of community service, a fine/forfeiture not to

exceed $100.00, or any combination of the three.

Classification of Forfeitures

Forfeitures under this Code shall be assessed for the civil prosecution of

non-Indians only in lieu of a Class A, B, C, D, or E Misdemeanor, and shall be classified

as follows:

Class A forfeiture.

Class B forfeiture.

Class C forfeiture.

Class D forfeiture

Class E forfeiture

Forfeitures are as follows:

Class A forfeiture, a monetary assessment of up to $500.00.

Class B forfeiture, a monetary assessment of up to $400.00.

Class C forfeiture, a monetary assessment of up to $300.00.

Class D forfeiture, a monetary assessment of up to $200.00.

Class E forfeiture, a monetary assessment of up to $100.00.

Page 7 of 57

30-01-12.

Disposition of Fines and Forfeitures

All fines and forfeitures imposed for the commission of an offense shall be

paid to the Isleta Tribal Court Clerk.

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All monies collected for fines/forfeitures assessed under this Code shall be

submitted to the Pueblo of Isleta Treasury Department on a weekly basis. The Treasurer

shall issue the Court Clerk a receipt for the monies collected.

The Tribal Court Clerk shall prepare a quarterly statement of revenues and

shall submit such report to the Treasury Department, the Tribal Council, and the

Governor’s Office.

Costs and Surcharges collected shall be allocated to the Judiciary as

determined by the Tribal Council.

30-01-13.

Increased Penalty for Habitual Criminality

Any person who is a repeater, and the current crime is one for which

imprisonment may be imposed, is guilty of being habitually criminal.

Any person found guilty of being habitually criminal shall be subject to

the maximum term of imprisonment for the underlying crime up to an additional one

hundred and eighty days total imprisonment time, fines/forfeitures and community

service hours may be doubled.

A repeater is a person who has been convicted of a felony in any jurisdiction

within the United States of America or by a military tribunal during the five (5) year

period immediately preceding the commission of crime the person is currently being

sentenced for, or if the person has been convicted of misdemeanors in any jurisdiction

within the United States of America on three (3) separate occasions during the same

period.

30-02 DEFENSES

30-02-01.

Intoxication

An intoxicated or drugged condition of the actor is a defense only if it was

involuntary and renders the actor incapable of distinguishing between right and wrong in

regard to the alleged criminal act at the time the act was committed or if it negates the

state of mind essential to committing the crime.

30-02-02.

Mistake

A mistake may be a defense when an honest error, either of fact or law, negates

the state of mind essential to committing the crime.

Page 8 of 57

30-02-03.

Adequate Provocation

Adequate provocation, such that it is sufficient for a reasonable person to lose

self-control, is an affirmative defense only to reduce intentional homicide to reckless

homicide.

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30-02-04.

Privilege

If an actor’s conduct is privileged, although otherwise prohibited, it is a defense to

the prosecution for any crime based upon that conduct. Privilege may be asserted when

an actor’s conduct (1) is in defense of persons or property (2) is in good faith and is

authorized by the duties of public office, or (3) is a reasonable accompaniment of a

lawful arrest.

30-02-05.

Coercion

A threat by a person which causes an actor to reasonably believe that his or her

act is the only means of preventing imminent death or great bodily harm to the actor or

another, which causes the actor to so act, is a defense to a prosecution for a crime based

upon that act, except for intentional homicide, which shall be reduced to reckless

homicide.

30-02-06.

Necessity

Natural physical forces which cause the actor to reasonably believe that his or her

act is the only means of preventing imminent public disaster or imminent death or great

bodily harm to the actor or another, which causes the actor to so act is a defense to the

prosecution of a crime based upon that act, except for intentional homicide, which shall

be reduced to reckless homicide.

30-02-07.

Self Defense and Defense of Others

A person is privileged to threaten or intentionally use force against another

for the purpose of preventing or terminating what the person reasonably believes to be an

unlawful interference with his or her person by such other person, but may only use such

force as is necessary to terminate the threat or interference.

This §30-02-07 is inapplicable when a person provokes an attack, whether

by lawful or unlawful conduct, with the intent to use such provocation as an excuse to

cause death or great bodily harm to another

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30-03 INCHOATE CRIMES

30-03-01.

Attempt

Any person who, with the intent to commit a specific offense, does any act

that constitutes a substantial step towards the commission of that offense, is guilty of an

attempt.

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Any person found guilty of attempt may be sentenced to a term of

imprisonment not to exceed of one-half the maximum sentence of the underlying offense,

community service not to exceed one-half the maximum sentence for the underlying

offense, payment of a fine/forfeiture not to exceed one-half the maximum fine for the

underlying offense, or any combination of the three.

It shall be an affirmative defense to attempt if the person voluntarily

abandoned his or her efforts to commit the specific offense, or otherwise prevented its

commission, under circumstances manifesting a complete and voluntary renunciation of

his or her criminal purpose. Renunciation is not complete if it is in response to law

enforcement surveillance or detection, or to postpone the criminal conduct until a more

advantageous time, or to transfer the criminal effort to another similar objective.

30-03-02.

Conspiracy

Any person who combines efforts with another person(s) by taking overt

action to commit a crime, whether or not he or she is aware of the identity of all

conspirators, is guilty of conspiracy. If a person conspires to commit multiple crimes, he

or she is guilty of only one conspiracy so long as such multiple crimes are the object of

the same agreement or a continuous conspiratorial relationship.

Any person found guilty of conspiracy may be sentenced to a term of

imprisonment not to exceed the maximum sentence for the underlying offense,

community service not to exceed the maximum sentence for the underlying offense,

payment of a fine/forfeiture not to exceed the maximum fine/forfeiture for the

underlying offense, or any combination of the three.

It is an affirmative defense to conspiracy if the person voluntarily and

completely renunciates his or her criminal intent by halting any further actions to commit

the crime or crimes and by giving timely warning to law enforcement authorities of the

conduct or result which is the object of the conspiracy, or otherwise making a reasonable

effort to prevent such conduct or result. Renunciation is not complete if it is in response

to law enforcement surveillance or detection, or to postpone the criminal conduct until a

more advantageous time, or to transfer the criminal effort to another similar objective.

Page 10 of 57

30-03-03.

Solicitation

Any person who purposely promotes or pays another to commit a crime,

whether or not the commission of the crime is accomplished, is guilty of solicitation.

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Any person found guilty of solicitation may be sentenced to a term of

imprisonment not to exceed the maximum sentence for the underlying offense,

community service not to exceed the maximum sentence for the underlying offense,

payment of a fine/forfeiture not to exceed the maximum fine/forfeiture for the underlying

offense, or any combination of the three.

It is an affirmative defense that the actor, after soliciting another person to

commit a crime, persuaded him or her not to do so or otherwise prevented the

commission of the crime, manifesting a complete and voluntary renunciation of his or her

criminal purpose. Renunciation is not complete if it is in response to law enforcement

surveillance or detection or is motivated by a decision to postpone the criminal conduct

until a more advantageous time or to transfer the criminal effort to another but similar

objective.

30-03-04.

Accomplice to a Crime

Any person who, purposefully promotes or facilitates the commission of

an offense by aiding or attempting to aid such other person in committing an offense is

guilty of being an accomplice.

Any person found guilty of being an accomplice may be sentenced to a

term of imprisonment not to exceed one half (1/2) the maximum sentence for the

underlying offense, community service not to exceed one-half the maximum sentence for

the underlying offense, payment of a fine/forfeiture not to exceed one-half the maximum

fine/forfeiture for the underlying offense, or any combination of the three.

30-04 CRIMES AGAINST BODILY SECURITY

30-04-01.

Intentional Homicide

Any person who intentionally causes the death of another human being

is guilty of intentional homicide.

Any person found guilty of intentional homicide is guilty of a Class A

Misdemeanor.

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30-04-02.

Reckless Homicide

Any person who causes the death of another human being under

circumstances that show utter disregard for human life is guilty of reckless homicide.

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Any person found guilty of reckless homicide is guilty of a Class A

Misdemeanor.

30-04-03.

Assault

Any person who intentionally, knowingly or recklessly commits the

following is guilty of Assault:

attempts to commit a battery upon another; or

places another in reasonable apprehension of an immediate battery.

Any person found guilty of Assault is guilty of a Class D Misdemeanor.

Amended by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-04.

Aggravated Assault

Any person who intentionally, knowingly or recklessly commits the

following is guilty of Aggravated Assault:

places another in reasonable apprehension of immediate physical

injury; or

threatens another with a deadly or dangerous weapon;

threatens another with intent to commit physical injury; or

assaults a Pueblo of Isleta government official who is acting in

his/her official capacity or as a result of his/her official capacity.

Any person found guilty of Aggravated Assault is guilty of a Class C

Misdemeanor.

Amended by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-05.

Assault with Intent to Commit Rape

Any person who intentionally, knowingly, or recklessly causes any injury

to another person with the intent to injure, insult, or provoke such person while placing a

person in reasonable apprehension of imminent physical injury or threatens a person with

rape is guilty of assault with intent to commit rape.

Any person found guilty of assault with intent to commit rape is guilty of a

Class A Misdemeanor.

Page 12 of 57

30-04-06.

Assault With Intent to Cause Serious Physical Injury

Any person who intentionally, knowingly, or recklessly causes any injury

to another person with the intent to injure, insult, or provoke such person while placing a

person in reasonable apprehension of imminent physical injury or threatens a person with

serious physical injury is guilty of assault with intent to cause serious physical injury.

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Any person found guilty of assault with intent to cause serious physical

injury is guilty of a Class B Misdemeanor.

30-04-07.

Assault With Intent to Kill

Any person who intentionally, knowingly, or recklessly causes any injury

to another person with the intent to injure, insult, or provoke such person while placing a

person in reasonable apprehension of imminent physical injury or threatens a person with

death, even if not imminent, is guilty of assault with intent to kill.

Any person found guilty of assault with intent to kill is guilty of a Class A

Misdemeanor.

30-04-08.

Harassment

Any person who knowingly pursues a pattern of conduct intended to

annoy, seriously alarm, or terrorize another person which causes substantial emotional

distress is guilty of harassment.

Any person found guilty of harassment is guilty of a Class D

Misdemeanor.

Any person found guilty of harassment of the same person on more than

two occasions will be subject to an increased penalty of up to one hundred eighty (180)

days in jail, community service not to exceed two times the maximum sentence for the

underlying offense, payment of a fine/forfeiture not to exceed two times the maximum

fine for the underlying offense, or any combination of the three.

30-04-09.

Stalking

Any person who intentionally or knowingly engages in a pattern of

repeated conduct over a period of time, such as maintaining physical proximity to the

person; approaching or confronting the person; appearing at the person’s workplace or

contacting the person’s employer or co-workers; entering property owned, leased, or

occupied by the person; contacting the person by phone; placing or delivering objects to

the person’s place of work or residence which causes a reasonable person to fear for his

or her own safety or the safety of his or her immediate family is guilty of stalking.

Any person found guilty of stalking is guilty of a Class C Misdemeanor.

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Any person found guilty of stalking of the same person on more than two

occasions will be subject to an increased penalty of up to one hundred eighty (180) days

in jail, community service not to exceed two times the maximum sentence for the

underlying offense, payment of a fine/forfeiture not to exceed two times the maximum

fine for the underlying offense, or any combination of the three.

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30-04-10.

Threatening or Intimidating

Any person who threatens or intimidates a person by word or conduct that

causes physical injury to another or damage to property, or causes serious public

inconvenience including, but not limited to, evacuation of a building or place of assembly

is guilty of threatening or intimidating.

Any person found guilty of threatening or intimidating is guilty of a Class

D Misdemeanor.

30-04-11.

Kidnapping

Any person who willfully takes, keeps, or entices away a child under the

age of 18 years from his or her parent(s), guardian(s) or custodian(s) without the consent

of the parent, guardian, or custodian is guilty of kidnapping.

Any person found guilty of kidnapping is guilty of a Class A

Misdemeanor.

30-04-12.

Custodial Interference

Any person who entices away or keeps from lawful custody of another any

child less than eighteen (18) years of age or any incompetent entrusted by authority of

law to the custody of another person or institution is guilty of custodial interference. If a

child is born out of wedlock, the mother of the child is the legal custodian of the child for

the purposes of this section until paternity is established and the Court determines

custody. Each 24-hour period of custodial interference shall be deemed a separate count.

Any person found guilty of custodial interference is guilty of a Class C

Misdemeanor.

30-04-13.

False Imprisonment

Any person who intentionally confines or restrains another without the

person’s consent and with knowledge that he or she has no lawful authority to do so is

guilty of false imprisonment.

Any person found guilty of false imprisonment is guilty of a Class A

Misdemeanor.

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30-04-14.

Violation of an Injunction

Any person who intentionally and knowingly violates a temporary

restraining order or injunction issued by the Court for the protection of a natural person

or persons shall be guilty of violation of an injunction.

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Any person found guilty of violation of an injunction is guilty of a Class C

Misdemeanor.

30-04-15.

Battery

A person who intentionally or knowingly touches or applies force to

another in an unlawful, rude or angry manner is guilty of Battery.

Any person found guilty of Battery is guilty of a Class C Misdemeanor.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-16.

Aggravated Battery

Any person who intentionally or knowingly commits the following on

another is guilty of Aggravated Battery:

causes physical injury or temporary disfigurement; or

touches or applies force with a deadly or dangerous weapon; or

causes serious physical injury.

Any person found guilty of Aggravated Battery causing physical injury or

temporary disfigurement is guilty of a Class B Misdemeanor.

Any person found guilty of Aggravated Battery causing serious physical

injury or with a deadly or dangerous weapon is guilty of a Class A Misdemeanor.

In addition, any deadly or dangerous weapon used to commit this offense

shall be forfeited by order of the Court to the Isleta Police Department and such individual

may be required to turn over all firearms in his/her possession to the Isleta Police

Department.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-17.

Assault on a Police Officer

Any person who intentionally or knowingly attempts to commit a battery

on a known, uniformed or otherwise easily identifiable law Police Officer, acting in an

official capacity or as a result of his/her official capacity is guilty of Assault on a Police

Officer.

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Any person found guilty of Assault on a Police Officer is guilty of a Class

D Misdemeanor.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

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30-04-18.

Aggravated Assault on a Police Officer

Any person who intentionally or knowingly commits any of the following

on a known, uniformed or otherwise identifiable law Police Officer, acting in an official

capacity or as a result of his/her official capacity is guilty of Aggravated Assault on a

Police Officer;

places a Police Officer in reasonable apprehension of an immediate

physical injury, or

threatens a Police Officer with a deadly or dangerous weapon; or

threatens a Police Officer with intent to commit physical injury.

Any person found guilty of Aggravated Assault on a Police Officer is

guilty of a Class C Misdemeanor.

In addition, any deadly or dangerous weapon used to commit the offense

shall be forfeited by order of the Court to the Isleta Police Department and such

individual may be required to turn over all firearms in his/her possession to the Isleta

Police Department.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-19.

Battery on a Police Officer

Any person who intentionally or knowingly touches or applies force in an

unlawful, rude or angry manner to a known, uniformed, or otherwise easily identifiable

Police Officer acting in an official capacity or as a result of his/her official capacity is

guilty of Battery on a Police Officer.

Any person found guilty of Battery on a Police Officer is guilty of a Class

C Misdemeanor.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-04-20.

Aggravated Battery on a Police Officer

Any person who intentionally or knowingly commits any of the following

on a known, uniformed, or otherwise easily identifiable Police Officer, acting in an

official capacity or as a result of their official capacity is guilty of Aggravated Battery on

a Police Officer:

Page 16 of 57

causes physical injury or temporary disfigurement to a Police

Officer; or

touches or applies force to a Police Officer with a deadly or

dangerous weapon; or

causes serious physical injury.

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Any person found guilty of Aggravated Battery on a Police Officer

causing physical injury or temporary disfigurement is guilty of a Class B Misdemeanor.

Any person found guilty of Aggravated Battery on a Police Officer

causing serious physical injury or with a deadly or dangerous weapon is guilty of a Class

A Misdemeanor.

In addition, any deadly or dangerous weapon used to commit the offense

shall be forfeited by order of the Court to the Isleta Police Department and such

individual may be required to turn over all firearms in his/her possession to the Isleta

Police Department.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-05 CRIMES AGAINST CHILDREN

30-05-01.

Abuse of a Child

Any person who intentionally, recklessly, or negligently (1) causes

physical injury, or death of a child, (2) acts of cruelty to a child by confining the child,

(3) tortures a child, (4) neglects a child by failing to adequately feed and protect the child

from inclement weather, or (5) allows another person to perpetuate such acts against the

child is guilty of child abuse.

Any person found guilty of child abuse is guilty of a Class B

Misdemeanor.

It shall be a defense to a charge of child abuse if the person having

custody or care of a child uses appropriate physical force upon the child only to the extent

reasonably necessary and appropriate to maintain discipline, to protect the child from

injuring him or herself or others, or in self-defense.

30-05-02.

Obstruction of Investigation of Injuries to a Child

Any person having custody or control of medical, psychological, or other

records (a “Records Custodian”), which may aid in the investigation of a report of injury

to a child, is required to provide such records to the Isleta Police Department or Isleta

Social Services upon written request. The Records Custodian may remove reference to

identification of persons other than the child, prescription or medical treatment

information, or other sensitive information as necessary, to protect patient confidentiality.

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Any person who fails to provide the appropriate information shall be guilty of obstruction

of investigation of injuries to a child.

Any Records Custodian found guilty of obstruction of investigation of

injuries to a child is Guilty of a Class C Misdemeanor.

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30-05-03.

Abandonment of a Child

Any person having the responsibility for the care and welfare of a child

who intentionally leaves or abandons the child so that the child may or does suffer

neglect is guilty of abandonment of a child.

Any person found guilty of abandonment of a child is guilty of a Class C

Misdemeanor.

30-05-04.

Failure to Support a Dependent

Any person who knowingly fails to provide financial support to a child

whom they are legally obligated to support, whether the child is born in or out of wedlock

or to another dependent, is guilty of failure to support a dependent.

Any person found guilty of failure to support a dependent is guilty of a

Class C Misdemeanor.

30-05-05.

Contributing to the Delinquency of a Minor

Any person who intentionally, negligently, or recklessly encourages,

contributes to, or aids a minor in committing a delinquent act or a criminal offense is

guilty of contributing to the delinquency of a minor.

Any person found guilty of contributing to the delinquency of a minor is

guilty of a Class E Misdemeanor.

30-05-06.

Failure to Send a Child to School

Any person who, without justification or excuse, fails to send or deliver a

child under his or her care and supervision to school is guilty of a failure to send a child

to school.

Any person found guilty of failing to send a child to school is guilty of a

Class E Misdemeanor. Each day of school missed shall be considered a separate

offense.

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30-05-07.

Enticement of a Child

Any person who invites, persuades, or attempts to persuade a child to enter

a vehicle, building, room, or other secluded area with the intent to commit a crime against

that child is guilty of enticement of a child.

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Any person found guilty of enticement of a child is guilty of a Class B

Misdemeanor.

30-05-08.

Molestation of a Child

Any person who knowingly has sexual contact with a child age fourteen

(14) years or younger by directly or indirectly touching, fondling, or manipulating any

part of the genitals, anus, or female breast, by any part of the body or by any object, or

who causes a child under the age of fourteen years to directly or indirectly touch, fondle,

or manipulate any part of a genital, anus, or female breast of another person is guilty of

child molestation.

Any person found guilty of child molestation is guilty of a Class A

Misdemeanor.

30-05-09.

Sexual Conduct With a Minor

Any person who intentionally or knowingly engages in sexual intercourse

or oral sexual contact with any person who is at least fifteen years of age, but less than

eighteen years of age, shall be guilty of sexual conduct with a minor.

Any person found guilty of sexual conduct with a minor at least fifteen

years of age, but less than eighteen years, is guilty of a Class E Misdemeanor.

30-05-10.

Public Sexual Indecency to a Minor

Any person who intentionally, knowingly, or recklessly engages in any act

involving contact between a person’s mouth, vulva, genitals, or anus and the genitals or

anus of another person or animal in front of a minor under the age of fifteen, is guilty of

public sexual indecency to a minor.

Any person found guilty of public sexual indecency to a minor is guilty of

a Class C Misdemeanor.

30-05-11.

Sexual Exploitation of a Child

Any person who knowingly records, films, photographs, duplicates,

distributes, transports, sells, purchases, or possesses any visual or print medium in which

children are engaged in sexual conduct is guilty of sexual exploitation of a child.

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Any person found guilty of sexual exploitation of a child is guilty of a

Class B Misdemeanor.

30-05-12.

Commercial Sexual Exploitation of a Child

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Any person who knowingly permits, uses, employs, persuades, entices,

induces, coerces, finances, or transports in or across the Pueblo of Isleta Reservation a

minor to engage in, or assist others to engage in, sexual conduct, produce any visual or

print medium, or a live act depicting such conduct for the purpose of monetary gain is

guilty of commercial sexual exploitation of a child.

In a prosecution relating to the commercial sexual exploitation of a child,

the trier of fact may draw the inference that a participant is a minor if the visual or print

medium or live act through its title, text, or visual representation depicts the participant as

a minor.

Any person found guilty of commercial sexual exploitation of a child is

guilty of a Class B Misdemeanor.

30-05-13.

Defenses to Sexual Contact With a Child

It is a defense to prosecution if the act was done in furtherance of lawful

medical practice.

It is a defense to 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 person

who renders emergency care at the scene of an emergency occurrence, which consists of

administering a recognized and lawful form of treatment that is reasonably adapted to

promoting the health of the patient, or if the person rendering emergency care reasonably

believed that no competent person was available to give consent, but that a reasonable

person, wishing to safeguard the welfare of the patient, would consent.

It is a defense to prosecution if the person committing the act is, or was,

the spouse of the child at the time the act occurred, and the act was consensual.

It is a defense to prosecution if both the defendant and the child are of the

age of fifteen, sixteen, or seventeen and the conduct was consensual.

30-06 WEAPONS OFFENSES

30-06-01.

Carrying a Concealed Weapon

Any person who possesses or carries a weapon that is hidden from plain

view on or about his or her person or within his or her immediate control is guilty of

carrying a concealed weapon. This section does not apply to any person authorized by

any tribal government, state government, or by the government of the United States to

Page 20 of 57

carry such weapon.

Any person found guilty of carrying a concealed weapon is guilty of a

Class C Misdemeanor.

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30-06-02.

Unlawful Possession of Deadly or Dangerous Weapon

Any person who owns or possesses a deadly or dangerous weapon must

show that the weapon was legally purchased and registered if a firearm, that the weapon

is maintained in the person’s own residence for his or her lawful protection, is maintained

in a privately-owned automobile for his or her lawful protection, is used for lawful

hunting or sporting purposes, or is possessed by a person authorized to do so by any tribal

or state government or the United States Government. Any person who possesses a

deadly or dangerous weapon without meeting the requirements of this Section is guilty of

unlawful possession of a deadly or dangerous weapon.

Any person found guilty of unlawful possession of a deadly or dangerous

weapon is guilty of a Class D Misdemeanor.

30-06-03.

Possession of Deadly or Dangerous Weapons on School Grounds or at

School Activities

Any person, except for a Police Officer in the performance of his or her

official duties, who possesses a deadly or dangerous weapon on school grounds, at a

school sponsored activity, in a school building, or on school provided transportation is

guilty of possession of deadly or dangerous weapons on school grounds or at school

activities.

Any person found guilty of possession of deadly or dangerous weapons on

school grounds or at school activities is guilty of a Class C Misdemeanor.

30-06-04.

Possession of Deadly or Dangerous Weapons by Persons Convicted of

Crimes of Violence

Any person previously convicted for any crime of violence who thereafter

possesses any deadly or dangerous weapon is guilty of possession of deadly or dangerous

weapons after conviction of a crime of violence.

Any person found guilty of possession of a deadly or dangerous weapon

after conviction of a crime of violence is guilty of a Class C Misdemeanor.

Page 21 of 57

30-06-05.

Negligent Use of Deadly Weapon

Any person who (1) discharges a firearm into a building, (2) discharges a

firearm into a vehicle, (3) discharges a firearm into or near a residence, (4) carries a

firearm while intoxicated, or (5) otherwise endangers the safety of another person by

using a firearm in a careless manner is guilty of negligent use of a deadly weapon.

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Any person found guilty of negligent use of a deadly weapon is guilty of a

Class C Misdemeanor.

30-06-06.

Reckless Storage of a Firearm

Any person is guilty of reckless storage of a firearm if (1) he or she stores

or leaves a loaded firearm within the reach or easy access of a child who is fourteen (14)

years of age or younger, and (2) the child obtains the firearm without the lawful

permission of his or her parent or guardian or the person having charge of the child, (3)

the child discharges the firearm, and (4) the discharge causes harm to the child or another

person.

Any person found guilty of reckless storage of a firearm is guilty of a

Class C Misdemeanor

30-06-07.

Drive By Shooting

Any person who intentionally or knowingly discharges a firearm from a

vehicle so as to injure or kill another person and flees the scene is guilty of a drive-by

shooting.

Any person found guilty of a drive-by shooting is guilty of a Class B

Misdemeanor.

30-06-08.

Misuse of Fireworks or Explosives

Any person who intentionally or knowingly arms fireworks or explosives

and uses them for the purpose of injuring another is guilty of misuse of fireworks or

explosives.

Any person found guilty of misuse of fireworks or explosives is guilty of a

Class D Misdemeanor.

30-06-09.

Communicating a Bomb Scare

Any person who intentionally conveys, or causes to be conveyed, any

threat or false information, known by such person to be false, concerning an attempt or

alleged attempt being made or to be made to destroy any property by the means of

explosives shall be guilty of communicating a bomb scare.

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Any person found guilty of communicating a bomb scare is guilty of a

Class D Misdemeanor.

30-07 NUISANCES

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30-07-01.

Public Nuisance

Any person who unlawfully endangers the health or safety of another or

interferes with another’s enjoyment of property by willfully or negligently causing a

hazardous, unsightly, or unhealthy condition to exist on public property, or a premise, or

place where persons are known to gather for purposes of engaging in lawful conduct is

guilty of a public nuisance.

Any person found guilty of a public nuisance is guilty of a Class E

Misdemeanor.

30-07-02.

Polluting Water

Any person who intentionally or knowingly discards objects or substances

into any waterway, river, tributary, stream, lake, pond, reservoir, canal, ditch, or spring

that causes it to become dangerous for human or animal consumption or use is guilty of

polluting water.

Any person found guilty of polluting water is guilty of a Class C

Misdemeanor.

30-07-03.

Littering

Any person who intentionally or knowingly discards or deposits any litter

upon any highway, public place, or upon any land not his or her own, or permits any litter

to be thrown from a vehicle which he or she is operating is guilty of littering.

30-07-04.

Any person found guilty of littering is guilty of a Class E Misdemeanor.

Abandonment of Dangerous Containers

Any person who abandons, discards, or keeps in a place and manner

accessible to children any refrigerator, icebox, freezer, airtight container, cabinet, trunk,

or any similar container that could imprison a child is guilty of abandoning a dangerous

container.

Any person found guilty of abandoning a dangerous container is guilty of

a Class D Misdemeanor.

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30-07-05.

Abandonment of Hazardous Materials

Any person who intentionally or knowingly discards hazardous materials,

as defined in Chapter 49 of the Code of Federal Regulations, upon any highway, public

place, land, or waterway, other than a specifically designated hazardous waste removal

site, is guilty of unlawfully abandoning hazardous materials.

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Any person found guilty of unlawfully abandoning hazardous materials is

guilty of a Class D Misdemeanor.

30-08 SEXUAL OFFENSES

30-08-01.

Prostitution

Any person who solicits or practices prostitution or knowingly provides,

keeps, rents, leases, or otherwise maintains any place or premises for the purpose of

prostitution is guilty of prostitution.

Any person found guilty of prostitution is guilty of a Class D

Misdemeanor.

30-08-02.

Indecent Exposure

Any person who exposes his or her genitals or anus or a female who

exposes the nipple of her breast(s) to another person in public, with reckless disregard for

whether a reasonable person would be offended or alarmed by the act, is guilty of

indecent exposure.

Any person found guilty of indecent exposure is guilty of a Class E

Misdemeanor.

30-08-03.

Public Sexual Indecency

Any person who intentionally, knowingly, or recklessly engages in an act

of sexual conduct, including any act involving contact between a person’s mouth, vulva,

genitals or anus, and the genitals or anus of another person or animal in public or before

another person with reckless disregard as to whether a reasonable person would be

offended or alarmed by such act, is guilty of public sexual indecency.

Any person found guilty of public sexual indecency is guilty of a Class C

Misdemeanor.

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30-08-04.

Knowingly Transmitting a Contagious Disease

Any person who knows, or has, or has reason to know that he or she is

infected with a venereal disease, active tuberculosis, Acquired Immune Deficiency

Syndrome (A.I.D.S.), or other contagious disease capable of being transmitted by sexual

contact or through use of unsanitary drug paraphernalia, who willfully exposes another to

the disease without their knowledge and consent and such exposure causes the other to be

infected with the contagious disease is guilty of knowingly transmitting a contagious

disease.

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Any person found guilty of knowingly transmitting a contagious disease is

guilty of a Class A Misdemeanor.

30-08-05.

Sexual Assault

Any person who engages in sexual intercourse or oral sexual contact

without consent of another person is guilty of sexual assault.

Any person found guilty of sexual assault is guilty of a Class B

Misdemeanor.

In addition to any sentence imposed under this section, if the person found

guilty of sexual assault has previously been convicted of sexual assault, the person shall

not be eligible for suspension or commutation of sentence, probation, pardon, parole,

work furlough, or release from confinement until the sentence imposed by the Court has

been served. The sentence imposed under this section shall be consecutive to any other

sentence imposed.

30-08-06.

Sexual Assault of a Spouse

Any person who engages in sexual intercourse or oral sexual contact with

his or her spouse without the consent of the spouse by the use or threat of force or

violence against the spouse or another person is guilty of sexual assault of a spouse.

Any person found guilty of sexual assault of a spouse is guilty of a Class

B Misdemeanor.

In addition to any sentence imposed under this section, if the person found

guilty of sexual assault of a spouse has previously been convicted of sexual assault of a

spouse, the person shall not be eligible for suspension or commutation of sentence,

probation, pardon, parole, work furlough, or release from confinement until the sentence

imposed by the Court has been served. The sentence imposed under this section shall be

consecutive to any other sentence imposed.

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30-10 MARITAL AND FAMILIAL OFFENSES

30-10-01.

Bigamy

Any person who marries one or more persons while already having a

spouse is guilty of bigamy, unless such spouse has been missing for five successive years

or more or either spouse has been granted a divorce by a court of competent jurisdiction.

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30-10-02.

Any person found guilty of bigamy is guilty of a Class C Misdemeanor.

Incest

A person who has sexual intercourse with another person knowing that he

or she and such person are related, whether naturally or through adoption, as any of the

following is guilty of incest:

Parent and child,

Grandparent and grandchild (any degree),

Siblings,

Uncle and niece/nephew,

Aunt and nephew/niece, or

First cousins.

30-10-03.

A person found guilty of incest is guilty of a Class C Misdemeanor.

Domestic Violence

Any person who does either of the following shall be prosecuted for

Domestic Violence against a household member:

attempts to commit a battery against a household member; or

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.

Any person found guilty of domestic abuse is guilty of a Class E

Misdemeanor. In addition, the individual’s firearms shall be forfeited to the Court and

such individual shall be required to turn over all firearms in their possession to the Police

Department.

30-10-04.

Aggravated Assault Against a Household Member

Any person who intentionally or knowingly commits the following is guilty

of Aggravated Assault on a Household Member:

places a Household Member in reasonable apprehension of immediate

physical injury; or

threatens a Household Member with a deadly or dangerous weapon; or

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threatens a Household Member with intent to commit physical injury.

Any person found guilty of aggravated Assault against a household

member is guilty of a Class C Misdemeanor. In addition, the individual’s firearms shall

be forfeited to the Court and such individual shall be required to turn over all firearms in

their possession to the Police Department.

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In addition, any deadly or dangerous weapon used to commit the offense

shall be forfeited by order of the Court to the Isleta Police Department and such

individual shall be required to turn over all firearms in his/her possession to the Isleta

Police Department.

Amended by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-10-05.

Battery Against a Household Member

Any person who intentionally or knowingly touches or applies force to a

Household Member in an unlawful, rude or angry manner is guilty of Battery on a

Household Member.

Any person found guilty of Battery on a Household Member is guilty of a

Class C Misdemeanor.

In addition, any dangerous or deadly weapon used to commit the offense

shall be forfeited by order of the Court to the Isleta Police Department and such

individual shall be required to turn over all firearms in his/her possession to the Isleta

Police Department.

Amended by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-10-06.

Elder Abuse

Any person who intentionally inflicts physical pain, injury, or unlawful

confinement upon an elder is guilty of elder abuse.

Any person found guilty of elder abuse is guilty of a Class C

Misdemeanor. In addition, the individual’s firearms shall be forfeited to the Court, and

such individual shall be required to turn over all firearms in their possession to the Police

Department.

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30-10-07.

Neglect of an Elder

Any person who is responsible for the care, or who assumes responsibility

for the care of, an elder’s welfare who, through his or her actions or failure to take action,

intentionally contributes to the neglect of the elder is guilty of neglect of an elder.

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Any person found guilty of neglect of an elder is guilty of a Class D.

Misdemeanor,

If the elder dies as a result of the neglect, then the penalty for violation is a

Class A Misdemeanor.

30-10-08.

Financial Abuse of an Elder

Any person who takes, uses, converts, extorts, coerces, or steals the

property of an elder shall be guilty of financial abuse of an elder.

Any person found guilty of financial abuse of an Elder is guilty of a Class

D Misdemeanor.

30-10-09.

Assault on a Household Member

Any person who intentionally, knowingly or recklessly commits the

following is guilty of Assault on a Household Member:

attempts to commit battery upon a household member; or

places a household member in reasonable apprehension of an

immediate battery.

A person found guilty of Assault on a Household Member is guilty of a

Class D Misdemeanor.

In addition, any deadly or dangerous weapon used to commit this offense

shall be forfeited by order of the Court to the Isleta Police Department and such individual

shall be required to turn over all firearms in his/her possession to the Isleta Police

Department.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-10-10.

Aggravated Battery on a Household Member

Any person who intentionally or knowingly commits the following on a

Household Member is guilty of Aggravated Battery on a Household Member:

causes physical injury or temporary disfigurement; or

touches or applies force with a deadly or dangerous weapon; or

causes serious physical injury.

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Any person found guilty of Aggravated Battery on a Household Member

causing physical injury or temporary disfigurement is guilty of a Class B Misdemeanor.

Any person found guilty of Aggravated Battery on a Household Member

causing serious physical injury or with a deadly or dangerous weapon is guilty of a Class

A Misdemeanor.

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In addition, any deadly or dangerous weapon used to commit the offense

shall be forfeited by order of the Court to Isleta Police Department and such individual

shall be required to turn over all firearms in his/her possession to the Isleta Police

Department.

Enacted by Tribal Council Motion on September 20, 2017, a vote count of 7-0-0.

30-11 ABUSE OF PRIVACY

30-11-01.

Defamation

Any person who, with malice towards another and with intent to harm

another’s reputation or relationship with others, makes, publishes, declares, sells,

circulates, or otherwise communicates to any third person in an unprivileged

communication a statement, knowing the statement is false or in reckless disregard of the

truthfulness of such statement, which exposes such other person to public hatred,

contempt, or ridicule is guilty of defamation. It shall be sufficient to constitute

defamation if the natural consequence of the communication is injury to the person

although no actual injury to his or her reputation has been proven.

Any person found guilty of defamation is guilty of a Class D

Misdemeanor.

It is a defense to the charge of defamation if the statement is true.

No statements made in the course of a legislative or judicial proceeding,

whether true or false, shall be considered defamation.

30-11-02.

Disturbance, Removal or Destruction of Antiquities

Any person who, without proper authority, disturbs, removes, excavates,

injures, destroys, procures, or employs a person to disturb, remove, excavate, injure, or

destroy any historic or prehistoric ruin, sacred object or other object of antiquity,

monument, artifact, or funerary is guilty of disturbance, removal or destruction of

antiquities.

Any person found guilty of disturbance, removal, or destruction of

antiquities is guilty of a Class A Misdemeanor.

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30-11-03.

Defacing Tombs, Burial Grounds

Any person who intentionally or knowingly defaces, breaks, destroys, or

removes any tomb, monument, gravestone, or marker, including natural vegetation as a

marker, pertaining to the burial of any human being is guilty of defacing a tomb or burial

ground.

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Any person found guilty of defacing a tomb or burial ground is guilty of a

Class C Misdemeanor.

30-12 TRESPASS

30-12-01.

Criminal Trespass

Any person who traverses private lands or other private property not his or

her own, when notice against trespassing has been reasonably communicated by the

owner or a consent to pass has been withdrawn, or allows livestock under his or her

control to occupy or graze on the lands of another is guilty of criminal trespass.

Any person found guilty of criminal trespass is guilty of a Class D

Misdemeanor.

30-12-02.

Tampering With No Trespass Sign

Any person who defaces, marks, removes, or otherwise tampers with a

“No Trespass” sign is guilty of tampering with a no trespass sign.

Any person found guilty of tampering with a no trespass sign is guilty of a

Class E Misdemeanor.

30-12-03.

Misusing Public Property

Any person who, without proper authority uses public property for an

unlawful purpose, knowingly enters public property when such property is not open to

the public, uses or remains after having been requested to leave, or damages any public

property is guilty of misuse of public property.

Any person found guilty of misuse of public property is guilty of a Class

D Misdemeanor.

30-12-04.

Breaking and Entering

Any person who, without authority enters any vehicle, watercraft, aircraft,

dwelling, or other structure by fraud, deception, or the dismantling of any part of the

vehicle, etc., or dismantling any device used to secure the vehicle, etc. shall be guilty of

breaking and entering.

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Any person found guilty of breaking and entering is guilty of a Class C

Misdemeanor.

30-12-05.

Criminal Damage to Property

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Any person who defaces, damages, or tampers with the property of any

person, organization, corporation, government, or other entity in such a manner that their

action impairs its functionality or value is guilty of criminal damage to property.

Any person found guilty of criminal damage to property is guilty of a

Class D Misdemeanor.

30-12-06.

Aggravated Criminal Damage to Property

Any person who defaces, damages, tampers with or in any way alters the

appearance of any tribally-owned building or structure, or any personal property, or place

used for religious and cultural ceremonies, or any building, structure, or place used as a

school or as an educational facility, or any cemetery, mortuary, or other facility used for

the purpose of burial or memorializing the dead is guilty of aggravated criminal damage

to property.

Any person found guilty of aggravated criminal damage to property is

guilty of a Class C Misdemeanor.

30-12-07.

Theft

Any person who unlawfully takes or exercises control of property not his

or her own, whether or not possession was originally obtained with consent of the owner,

with the intent of permanently depriving the owner of the value or use of the property is

guilty of theft.

Any person found guilty of theft is guilty of a Class D Misdemeanor.

Any person who commits theft and utilizes a dangerous weapon in

furtherance of the crime shall be guilty of a Class B Misdemeanor.

30-12-08.

Shoplifting

Any person who willfully takes possession of any goods offered for sale

by any mercantile establishment, without the consent of the owner or manager, or who

willfully conceals or attempts to conceal any goods offered for sale on himself or herself

or among his or her belongings, or on the person or the belongings of another, with the

intent to convert such goods to his or her own use without paying for them, is guilty of

shoplifting.

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Any person found guilty of shoplifting is guilty of a Class E

Misdemeanor.

30-12-09.

Fraud

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Any person who obtains property or anything of value that belongs to

another by false representation, willful misrepresentation of fact; or by failure to reveal

facts, which he or she knows should be revealed, is guilty of fraud.

30-12-10.

Any person found guilty of fraud is guilty of a Class D Misdemeanor.

Embezzlement

Any person who converts anything of value, which has been entrusted to

him or her, with the fraudulent intent to deprive the owner thereof is guilty of

embezzlement. Each conversion constitutes a separate offense of embezzlement.

Any person found guilty of embezzlement is guilty of a Class C

Misdemeanor.

30-12-11.

Extortion

Any person who compels or induces another person to deliver property to

himself or herself or to a third person, by threatening to: (1) cause physical injury to a

person, (2) cause damage to property, (3) accuse a person of a crime or cause criminal

charges to be instituted against a person, (4) expose a secret or publicize an asserted fact,

whether true or false, tending to subject a person to hatred, contempt, or ridicule, or (5)

kidnap a person is guilty of extortion.

30-12-12.

Any person found guilty of extortion is guilty of a Class C Misdemeanor.

Issuance of Bad Checks

Any person who knowingly issues a check without sufficient funds for the

payment in full of the check and any other checks outstanding at the time of issuance is

guilty of issuance of bad checks.

Any person found guilty of issuance of a bad check is guilty of a Class E

Misdemeanor.

30-12-13.

Forgery

Any person who, with intent to defraud, alters, falsely signs, or completes

any written instrument, or utters any forgery, is guilty of forgery.

Any person found guilty of forgery is guilty of a Class C Misdemeanor.

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30-12-14.

Receiving Stolen Property

Any person who intentionally buys, receives, retains, disposes of,

conceals, or aids in the concealing of any property which he or she knows, or should

know, has been obtained by theft, extortion, fraud, or other unlawful means is guilty of

receiving stolen property.

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Any person found guilty of receiving stolen property is guilty of a Class D

Misdemeanor.

30-12-15.

Unlawful Disposal, Removal, or Concealment of Encumbered

Property

Any person who knowingly and with the intent to defraud, sell, transfer,

remove, conceal, or otherwise disposes of any security interest, chattel, mortgage, or

other property with a lien or encumbrance attached and without the written consent of the

owner is guilty of unlawful disposal, removal, or concealment of encumbered property.

Any person found guilty of unlawful disposal, removal or concealment of

encumbered property is guilty of a Class D Misdemeanor.

30-12-16.

Unlawful Disposal of Decedent’s Estate

Any person who knowingly and with the intent to defraud, sell, transfer,

remove, conceal, or otherwise dispose of any property of a decedent's estate before the

determination and disposition of the estate by devises, to heirs, or to other distributees is

guilty of unlawful disposal of decedent’s estate.

Any person found guilty of unlawful disposal of a decedent’s estate is

guilty of a Class D Misdemeanor.

30-12-17.

Unlawful Burning

Any person who sets a fire or allows a fire to escape, leaves a campfire

burning unsupervised, or causes a fire to be started by means of a lit cigar, cigarette,

match or firework causing damage to any vegetation, forest, or structures is guilty of

unlawful burning.

Any person found guilty unlawful burning is guilty of a Class D

Misdemeanor.

30-12-18.

Arson

Any person who intentionally and willfully starts a fire or causes an

explosion with the purpose of destroying or damaging any structure or property, to collect

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insurance, or to cause damage to any public property, utility line, or railway structure, or

injure any person or animal is guilty of arson.

Any person found guilty of arson is guilty of a Class B Misdemeanor.

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30-12-19

Burglary

Any person who intentionally enters any building, dwelling, enclosed

railroad car, enclosed portion of any boat or vessel, enclosed cargo portion of a truck or

trailer, or a motor home or other motorized type of a home, or a trailer home without

consent of the person in lawful possession and with intent to steal or commit a crime is

guilty of burglary.

Any person found guilty of burglary is guilty of a Class C Misdemeanor.

30-13 ANIMALS

30-13-01.

Cruelty to Animals

Any person who recklessly or maliciously inflicts injury, pain, suffering,

or death upon any animal, or subjects any animal to abandonment, cruel mistreatment,

neglect, or deprivation of water or food is guilty of cruelty to animals.

Any person found guilty of cruelty to animals is guilty of a Class D

Misdemeanor.

30-13-02.

Negligent Control of a Vicious Animal

Any person who fails to control, confine, or unleashes an animal which is

known to be vicious and while at large such animal causes an injury to another person is

guilty of negligent control of a vicious animal.

Any person found guilty of negligent control of a vicious animal is guilty

of a Class C Misdemeanor. Negligent control of a vicious animal which results in the

death of a person is guilty of a Class A Misdemeanor. The animal(s) may be subject to

forfeiture and euthanasia.

30-13-03.

Maintaining Prohibited Animals

Any person who (1) maintains wild animals as pets, or (2) maintains a

vicious dog breed for the purpose of dog fighting is guilty of maintaining prohibited

animals.

Any person found guilty of maintaining prohibited animals is guilty of a

Class D Misdemeanor. The animal(s) may be subject to forfeiture and euthanasia.

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30-14 LIVESTOCK

30-14-01.

Failure to Brand Livestock

Every tribal member owning livestock shall have and use a brand on each

animal; such brand shall be recorded in the office of the New Mexico Livestock Board.

Cattle shall be branded by use of a hot iron. Sheep shall be branded with a paint brand.

Any unbranded cattle, excepting calves with a branded mother, shall be subject to seizure

by any tribal officer or livestock inspector and shall be handled and disposed of as an

estray. Any person who fails to comply with this §30-14-01 is guilty of failure to brand

livestock.

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Any person found guilty of failure to brand livestock is guilty of a Class C

Misdemeanor.

30-14-02.

Brands; Recording: Evidence of Ownership

No brands except such as are recorded under the provisions of this Code shall be

recognized in law as evidence of ownership of the livestock upon which such brand may

be used. It shall be the duty of all persons to brand newly-acquired cattle with their duly

registered brand as soon as practicable, notwithstanding the possession of a bill of sale.

Nothing herein, however, shall be construed as relieving the owner of his duty to retain

possession of any bill of sale.

30-14-03.

Brands: Property Subject to Sale, Assignment, and Descent

Any duly registered brand shall be considered to be the personal property of the

person and shall be subject to sale, assignment, transfer, devise, and descent.

30-14-04.

Using More than One Brand

It shall be unlawful for any owner of livestock to use more than one brand, except

that lawfully acquired livestock carrying previous owner’s registered brand need not be

rebranded if a valid bill of sale accompanies such livestock. The increase of such

livestock shall be branded with the owner’s registered brand except if prohibited by a

mortgage or other lien. Any person who fails to comply with this §30-14-04 is guilty of

using more than one brand.

Any person found guilty of using more than one brand is guilty of a Class

C Misdemeanor.

30-14-05.

Brands of Minors: Responsibility of Parents or Guardians

Minors, under 21 years of age, owning livestock separate from that of the parent

or guardian may have a separate recorded brand, but the minor’s parent or guardian shall

be responsible for the proper use of any such brand by any such minor.

Page 35 of 57

30-14-06.

Bills of Sale: Necessity and Presumptions: Definitions of Livestock

No person shall buy, receive, sell, dispose of, or have in his or her

possession any livestock unless the person selling or disposing of such livestock shall

give, and the person buying or receiving such livestock shall take, a written bill of sale

giving the number, kind, marks, and brand of each animal sold which shall meet the

requirements set out in §30-14-07.

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The possession of livestock, without having a written bill of sale meeting

the requirements set out in §30-14-07 shall be prima facie evidence of illegal possession

against any person charged with theft, unlawful possession, handling, driving, or killing

any livestock.

For the purpose of this Section, livestock is defined as cattle, horses, asses,

sheep, goats, swine, or the carcasses thereof.

30-14-07.

Bills of Sale: Requirements

A duly executed bill of sale is an instrument in writing by which the owner

or his or her authorized agent transfers to the buyer the title to livestock described therein

and guarantees to defend said title against all lawful claims. It shall fully describe, in

detail, the livestock and such description shall include marks, brands, and all other

identification.

The seller shall sign his name to, and write in the bill of sale, his social

security or driver’s license number and his post office address in the presence of two (2)

witnesses who are legal residents of Pueblo of Isleta, or in the event the transfer occurs

off the Reservation, residents of the county where the transfer of the described animals

takes place. The witnesses shall sign their names and indicate their post office addresses

on the bill of sale. The bill of sale shall be executed the day of the transaction.

In lieu of the signatures of two (2) witnesses, the bill of sale may be

acknowledged by a notary public or other officer authorized to take acknowledgements or

may be witnessed and certified by any livestock inspector.

A registration certificate issued by a recognized purebred association

properly identifying the animal and properly acknowledged by the secretary of the

association may be used as proof of ownership.

An inspection certificate executed as a bill of sale and certified by any

livestock inspector may be used as proof of ownership.

30-14-08.

Failure to Exhibit Bill of Sale of Livestock

Any person who has purchased or received, or has in his possession any livestock

either for himself or another, shall exhibit the bill of sale for the livestock at the

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reasonable request of any livestock inspector or other peace officer. Any person who

fails to comply with this §30-14-08 is guilty of failure to exhibit bill of sale of livestock.

Any person found guilty of failure to exhibit a bill of sale of livestock is

guilty of a Class C Misdemeanor.

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30-14-09.

Failure to Obtain a Permit to Import Animals

It shall be unlawful to bring any livestock into the Pueblo of Isleta Reservation

without first having obtained, in writing, a permit to do so from a livestock inspector.

The permit shall state the requirements to be complied with. Any person who fails to

comply with this §30-14-09 is guilty of failure to obtain a permit to import animals.

Any person found guilty of failure to obtain a permit to import animals is

guilty of a Class C Misdemeanor.

30-14-10.

Inspection of Brands and Earmarks of Exported Cattle

It shall be the duty of the livestock inspector to cause to be inspected the brands

and earmarks upon the cattle shipped or driven out of the Isleta Reservation and to cause

to be kept and preserved a true and correct record of the result of such inspections; which

record may be preserved by storage with the New Mexico State Sanitary Board; which

record shall set forth the date of the inspection, the place where the inspection took place,

and the person who made the inspection, the names and post office addresses of the

owner, shipper, or claimant of the cattle so inspected, and the names and post office

addresses of all persons in charge of such cattle at the time of the inspection, the

destination of such cattle, as well as a list of all brands and earmarks upon the cattle so

inspected, and the number and classification of such cattle.

30-14-11.

Failure to Hold Export Cattle for Inspection

It shall be the duty of every person shipping or driving any cattle out of the Isleta

Reservation to hold the same for inspection, as provided in this Code, and it shall be

unlawful for any person to ship, drive, or in any manner remove beyond the boundaries

of the Isleta Reservation any herd or brand of cattle until the same shall have been so

inspected. Any person who fails to comply with this §30-14-11 is guilty of failure to

hold export cattle for inspection.

Any person found guilty of failure to hold export cattle for inspection is

guilty of a Class C Misdemeanor.

30-14-12.

Home Slaughter without Inspection

It shall be unlawful to slaughter for home use any cattle without first obtaining a

proper brand inspection from an authorized reservation brand inspector. Any person who

fails to comply with this §30-14-12 is guilty of home slaughter without inspection.

Page 37 of 57

Any person found guilty of home slaughter without inspection is guilty of

a Class C Misdemeanor.

30-14-13.

Offenses by Inspector

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No livestock inspector shall knowingly (1) make any false certificate, (2) swear

falsely as to the truth of any report made by him, (3) accept any bribe or compensation

other than the recognized amount provided by law, or (4) fail to perform any of the duties

prescribed by law. Any livestock inspector who fails to comply with this §30-14-13 is

guilty of offenses by inspectors.

Any person found guilty of offenses by inspectors is guilty of a Class C

Misdemeanor.

30-14-14.

Unbranded Cattle: Estrays

In the case of dispute over ownership of branded or unbranded cattle, if the brand

inspector is unable to determine ownership privately, such animal will be handled as an

estray. It shall be sold and the proceeds turned over to the tribe.

30-14-15.

Ownership: Possession

If any duly authorized inspector should find any livestock or carcasses in the

possession of any person, branded or unbranded, and such person in charge or possession

of such livestock does not have a bill of sale or cannot furnish satisfactory proof of

ownership, or said inspector has good reason to believe said livestock or carcass was

stolen, the inspector shall seize and take possession of the same and retain possession

until satisfactory evidence of ownership is produced or until such livestock or carcasses

are disposed of as provided by law.

30-14-16.

Officers May Stop Vehicles: Failure to have Certificate: Arrest and

Seizure

Any livestock inspector or tribal police officer shall be authorized to stop any

vehicle transporting livestock or the carcasses thereof and demand from the person or

persons operating said vehicle to show the certificate of brand inspection or other proof

of ownership; and should any person or persons transporting said livestock or the

carcasses thereof be unable to exhibit to such inspector or police officer said certificate,

said inspector or officer is authorized and empowered to arrest, without warrant, any

person or persons operating said vehicle and take possession of the same and the

livestock or carcasses therein, and shall retain such possession until the person or persons

operating such vehicle can produce satisfactory evidence that he, she or they, or the

person or persons, firm, or corporation for whom the same is being transported is the

lawful owner thereof, or until such livestock or carcasses are disposed of as hereinafter

provided.

Page 38 of 57

30-14-17.

Sale of Carcasses to Prevent Loss by Spoiling

If said inspector or police officer shall deem it necessary to sell said carcasses so

taken, to prevent the loss of same by spoiling, they are empowered and authorized to do

so, retaining the sale price thereof in their possession to be disposed of as hereinafter

provided.

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30-14-18.

Return to Owner: Sale of Livestock or Carcasses: Disposition of

Proceeds

If, within a period of ten (10) days, the ownership of said livestock or said

carcasses is shown and established, said livestock or carcasses, or the proceeds from the

sale thereof, shall be delivered to said owner. If, however, within said period the

ownership of said livestock or carcasses is not shown or established, then, in that event,

the monies derived from the sale of said livestock or carcasses shall be paid to the tribe;

and said livestock shall be sold and disposed of in the manner now provided by law for

the sale and disposition of estray animals, and the monies resulting therefrom shall be

paid to the tribe.

30-14-19.

Definition of Carcasses

Whenever the word “carcass” is used, it means one (1) or more carcasses or parts

thereof not less than one-quarter of a carcass.

30-14-20.

Failure to Close Gate: Penalty

All persons who open any gate in a grazing area shall close the same gate. Any

person who shall fail to comply with this §30-14-20 is guilty of failure to close gate.

Any person found guilty of failure to close gate is guilty of a Class E

Misdemeanor.

30-14-21.

Taking Up of Estray Animals

No person shall take up estray animals except if the animal be found in the

vicinity of his or her residence. When any person shall take up an estray, he or she shall

immediately make out a written description of such animal and mail or deliver same to a

livestock inspector.

30-14-22.

Fence Breaking: Penalty

Any person breaking, cutting, or damaging the range-land fence shall be, upon

conviction, subject to a forfeiture of not more than $50.00. Additionally, any person who

shall violate this Section shall be obligated at the time of his punishment to indemnify the

owner of any fence for the damage that has followed there from or for the repairing of the

fence valued according to the gravity of the offense.

Page 39 of 57

30-14-23.

Earmarks: Recording

Any stock grower may adopt and use an earmark and such mark will be used in

evidence along with evidence in connection with the owner’s recorded brand. In no case

shall the person so marking the animal cut off more than one-half of the ear so marked;

neither shall anyone mark by cutting both sides to a point.

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30-14-24.

branding.

Unlawful Branding

Unlawful branding consists of:

Branding or marking any animal that is the property of another

with any brand or mark not the brand or mark of the owner of the

animal.

Altering any brand or mark upon any animal which is the property

of another; or

Using any brand unless such brand shall have been duly recorded

in the office of the New Mexico Livestock Board, and the person

holds a certificate from the Board certifying to the fact of such

record.

Any person who fails to comply with this §30-14-24 is guilty of unlawful

Any person found guilty of unlawful branding is guilty of a Class C

Misdemeanor.

30-14-25.

Unlawful Disposition of Animal

Unlawful disposition of animal consists of:

Skinning or removing without permission of the owner any part of

the hide of any cattle found dead;

Taking any livestock for use or work without the consent of the

owner;

Removing the livestock of another from its usual range without the

consent of the owner;

Contracting, selling, or otherwise disposing of any animal without

consent of the owner; or

Knowingly buying, taking, or receiving any animal without the

consent of the owner.

Any person who unlawfully disposes of an animal in contravention of

§30-14-25 is guilty of unlawful disposition of animal.

Page 40 of 57

Any person found guilty of unlawful disposition of animal is guilty of a

Class C Misdemeanor.

30-14-26.

Illegal Confinement of Animals

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Illegal confinement of animals consists of:

Taking and detaining any bull for the purpose of improving

livestock without the consent of the owner;

Intentionally separating offspring of livestock from mother without

the consent of the owner, provided that when milk cows which are

actually used to furnish milk to the household or for dairy purposes

have calves that are unbranded, such calves may be separated from

their mother and enclosed; or

Confining or in any manner interfering with the freedom of, or

selling or offering to sell, any freshly branded animal, unless such

brand is one for which the person has a legally executed bill of sale

from the owner of such brand, or unless such animals are with their

mother, or unless such animals are the calves of milk cows when

such milk cows are actually used to furnish milk for the household

or for carrying on a dairy business; but, in every such case, the

person, firm, or corporation separating calves from their mothers

for either of these purposes shall, upon the demand of any peace

officer or inspector, produce within a reasonable time the mother

of each of such calves so that interested parties may ascertain if

the cow does, or does not, claim and suckle such calf.

Any person who fails to comply with this §30-14-26 is guilty of illegal

confinement of animals.

Any person found guilty of illegal confinement of animals is guilty of a

Class C Misdemeanor.

30-14-27.

Unlawful Taking of Big Game Wildlife

Any person who takes or attempts to take or possess any big game

wildlife, including but not limited to deer, elk, bighorn sheep, bear, cougar, turkey, alive

or dead, unless permitted by statute or other regulation of law of the Pueblo of Isleta, is

guilty of the Unlawful Taking of Big Game Wildlife.

Any person found guilty of Taking of Big Game Wildlife is guilty of a

Class B misdemeanor. Any weapons utilized in furtherance of this crime are subject to

forfeiture along with the carcass and hunting privileges.

Page 41 of 57

30-15 CRIMES AGAINST PUBLIC PEACE

30-15-01.

Disorderly Conduct

Any person who engages in fighting or provokes a fight, disrupts any

lawful public or religious meeting, causes unreasonable noise or disturbance to others, or

uses obscene language or gestures towards others in a public place, is guilty of disorderly

conduct.

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Any person found guilty of disorderly conduct is guilty of a Class E

Misdemeanor.

30-15-02.

Public Intoxication

Any person who appears in a public place while under the influence of

alcohol or a controlled substance or toxic vapor, which is not therapeutically

administered for a medical purpose under the prescription or supervision of a person

licensed to administer, prescribe, control or dispense the substance, shall be guilty of

public intoxication, if the individual does any of the following:

Blocks or otherwise interferes with traffic on a highway or public

vehicular area, or

Blocks or lies across or otherwise prevents or interferes with

access to or passage across a sidewalk or entrance to a building, or

Grabs, shoves, pushes or fights another or challenges others to

fight, or

Curses or shouts at or otherwise rudely insults others, or

Begs for money or other property.

Any person found guilty of public intoxication is guilty of a Class E

Misdemeanor.

30-15-03.

Allowing Loitering of Minors

Any person owning a tavern, saloon, or bar and permits persons under the

age of twenty-one (21) years to frequent or loiter on the premises without being

accompanied by a parent or guardian is guilty of allowing loitering of minors.

Any person found guilty of allowing loitering of minors is guilty of a

Class E Misdemeanor.

30-15-04.

Serving Alcohol to Minors

Any person who provides alcohol to or who owns a tavern, saloon, bar or

retail establishment selling alcohol and permits persons under the age of twenty-one (21)

years to purchase alcohol, is guilty of serving alcohol to minors.

Page 42 of 57

Any person found guilty of providing or serving alcohol to minors is

guilty of a Class C Misdemeanor.

30-15-05.

Use of Telephone to Intimidate, Threaten, Harass, or Offend

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Any person who uses the telephone, with the intent to terrify, intimidate,

threaten, harass, or offend, or use obscene, lewd, or profane language to (1) suggest a

lewd or lascivious act, (2) threaten to inflict injury or physical harm to a person or

property, (3) to extort money or other things of value from a person, or (4) otherwise

disturbs a person’s peace, quiet, or right of privacy by repeated anonymous telephone

calls is guilty of using the telephone to intimidate, threaten, harass or offend.

Any person found guilty of using the telephone to intimidate, threaten,

harass, or offend is guilty of a Class E Misdemeanor.

30-15-06.

Participating in or Assisting a Criminal Gang

Any person who organizes, manages, directs, or supervises a group of

people or a gang, or entices or induces members of a gang or others to engage in violence

or intimidation, or finances a gang's affairs, or hires, engages, or uses a minor for any

conduct preparatory to or in completion of any criminal conduct of a gang; or commits an

offense with the intent to promote or further the objectives of a gang is guilty of

participating or assisting a criminal gang. Indicia of gang membership may include gang

related paraphernalia, tattoos, clothing, or colors.

Any person found guilty of participating or assisting a criminal gang is

guilty of a Class B Misdemeanor.

30-15-07.

Joyriding

Any person who, without proper authority or the consent of the owner,

drives, operates, or otherwise uses the motor vehicle of another, without intent to

permanently deprive the owner of the vehicle is guilty of joyriding.

Any person found guilty of joyriding is guilty of a Class C Misdemeanor.

30-16 INTERFERENCE WITH LAW ENFORCEMENT

30-16-01.

Resisting, Evading, or Obstructing a Police Officer

Any person who intentionally and willfully flees, prevents, or attempts to

prevent a Police Officer from effecting an arrest, or from otherwise discharging his or her

official duty by creating a substantial risk of physical harm to the officer or any other

person by employing means of resistance which requires substantial force to overcome,

or by knowingly making false, fraudulent, or unfounded reports or statements to an

Page 43 of 57

officer, or by knowingly misrepresenting a fact to an officer is guilty of resisting,

evading, or obstructing a Police Officer.

Any person found guilty of resisting, evading, or obstructing a Police

Officer is guilty of a Class C Misdemeanor.

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30-16-02.

Impersonating a Tribal Official

Any person who impersonates a Tribal Official on Reservation lands, with

the intent to induce another to submit to his or her pretended official authority, or rely

upon his or her pretended official acts to the person’s detriment is guilty of impersonating

a Tribal Official.

Any person found guilty of impersonating a Tribal Official is guilty of a

Class B Misdemeanor.

30-16-03.

Harboring a Fugitive

Any person, other than a spouse, child, mother, father, or sibling who,

with the intent to hinder prosecution, conviction, or punishment of another for an offense,

renders assistance by concealing that person’s identity; or warning that person of

impending discovery, apprehension, or prosecution; or provides that person with shelter,

money, transportation, a weapon, or a disguise; or prevents discovery by means of force,

deception, or intimidation; or conceals, alters, or destroys physical evidence that might

aid in the discovery, apprehension, prosecution, or conviction of that person is guilty of

harboring a fugitive.

Any person found guilty of harboring a fugitive is guilty of a Class C

Misdemeanor.

30-16-04.

Escape

Any person who willfully escapes, attempts to escape, assists another in an

escape from lawful custody, or fails to return to custody at a scheduled time is guilty of

escape.

Any person found guilty of escape is guilty of a Class C Misdemeanor.

Page 44 of 57

30-17 CRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION

30-17-01.

Demanding Illegal Fees

Any Tribal Official or tribal employee who knowingly requests or accepts

anything of value greater than the fixed price for the execution of such services is guilty

of demanding illegal fees.

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Any person found guilty of demanding illegal fees is guilty of a Class C

Misdemeanor.

30-17-02.

Paying/Receiving Public Money For Services Not Rendered

Any Tribal Official or tribal employee who knowingly pays or receives

tribal government monies as salary or remuneration for services which have not in fact

been rendered is guilty of paying or receiving public monies for services not rendered.

Any person found guilty of paying or receiving public monies for services

not rendered is guilty of a Class C Misdemeanor.

30-17-03.

Unlawful Interest in a Public Contract

Any Tribal Official or tribal employee who receives anything of value,

directly or indirectly, from a seller or purchaser of goods, services, or securities or any

other thing of value from the Tribe without the public declaration of the transaction by

filing of a statement with the Secretary’s Office and publication in the Tribe’s newspaper

shall be guilty of unlawful interest in a public contract.

Any person found guilty of unlawful interest in a public contract is guilty

of a Class B Misdemeanor.

30-17-04.

Bribery

Any person who gives or offers to give to another person, or who receives

from another person, money, property, or any other thing of value with intent to influence

a person in the discharge of his or her public duties is guilty of bribery.

30-17-05.

Any person found guilty of bribery is guilty of a Class D Misdemeanor.

Soliciting a Bribe

Any person who obtains or seeks to obtain money, property, or any other

thing of value upon a claim or representation that he or she can or will influence the

action of a public servant in the discharge of his or her public duties with the intent of

doing so in an improper manner is guilty of soliciting a bribe.

Page 45 of 57

Any person found guilty of soliciting a bribe is guilty of a Class D

Misdemeanor.

30-17-06.

Acceptance of Bribe by a Witness

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Any person who has been called as a witness, or is likely to be called as a

witness, and accepts, agrees to accept, or solicits money, property, or anything of value to

testify falsely or withhold information in a judicial, administrative, legislative, or other

fact-finding proceeding, or from a Police Officer is guilty of acceptance of a bribe by a

witness.

Any person found guilty of acceptance of a bribe by a witness is guilty of

a Class D Misdemeanor.

30-17-07.

Bribery, Intimidation or Retaliation Against a Witness

Any person who gives or offers to give to a witness or a person likely to

be called as a witness money, property, or anything of value, or who intimidates or

threatens a witness to testify falsely or withhold information in a judicial, administrative,

legislative, or other fact-finding proceeding or from a Police Officer who retaliates

against a witness by causing bodily harm or injury to another person or property or

threatening the release of information relating to the violation of a criminal is guilty of

bribery, intimidation, or retaliation against a witness.

Any person found guilty of bribery, intimidation, or retaliation against a

witness is guilty of a Class C Misdemeanor.

30-17-08.

Perjury

Any person who knowingly makes a false statement while under oath, or

induces another to do so, is guilty of perjury.

30-17-09.

Any person found guilty of perjury is guilty of a Class B Misdemeanor.

Malicious Prosecution

Any person who procures, or attempts to procure, a criminal charge

against an innocent person when knowing him/her to be innocent is guilty of malicious

prosecution.

Any person found guilty of malicious prosecution is guilty of a Class E

Misdemeanor.

Page 46 of 57

30-17-10.

Obstructing Judiciary or Officers

Any person who shall willfully disobey an order, subpoena, warrant or

commitment, duly issued, made or given by the Pueblo of Isleta Judiciary or any officer

thereof, or who shall willfully disobey any lawful order of any officer of the Pueblo of

Isleta Judiciary, or who shall willfully obstruct, interfere with or hinder any officer of the

Pueblo of Isleta in the performance of his official duties shall be deemed guilty of

Obstructing Judiciary or Officer.

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Any person found guilty of Obstructing Judiciary or Officer is guilty of a

Class C Misdemeanor.

Enacted by Tribal Council March 12, 2013, Resolution 2013-021. Number

reassigned.

30-18 TOXIC AND CONTROLLED SUBSTANCES

30-18-01.

Unlawful Inhalation of Toxic Vapors

Any person who inhales the vapors or fumes of glue, paint, gas, nitrous

oxide, or any other toxic product or chemical substance for the purpose of intoxication,

elation, euphoria, or to induce irrational behavior or dulling or distorting of the senses or

mental processes is guilty of unlawful inhalation of toxic vapors.

Any person found guilty of unlawful inhalation of toxic vapors is guilty of

a Class E Misdemeanor.

30-18-02.

Possession of Controlled Substances

Any person who knowingly carries on their person, within their vehicle, or

otherwise possesses a controlled substance is guilty of possession of a controlled

substance.

Any person found guilty of possession of a controlled substance is guilty

of a Class C Misdemeanor.

It shall be an affirmative defense to the possession of controlled

substances if the possession is for medical purposes under the prescription or supervision

of a person licensed to administer, prescribe, control, or dispense the prescribed

substances, or if peyote, it is sold, produced, traded, transported, or given away and

intended for use in connection with the bona fide practice of a religious belief, or as an

integral part of a religious exercise.

Page 47 of 57

30-18-03.

Trafficking Controlled Substances or Toxic Substances

Any person who knowingly sells, produces, trades, transports, gives away

any controlled substance or vapor-releasing toxic substance, or other chemical substance

capable of and used for the purpose of intoxication, elation, euphoria, or to induce

irrational behavior, or dulling, or distorting of the senses or mental processes is guilty of

trafficking controlled substances or toxic substances.

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Any person found guilty of trafficking controlled substances or toxic

substances is guilty of a Class B Misdemeanor.

It shall be an affirmative defense to trafficking controlled substances or

toxic substances if the transaction, possession, production, or transportation is for medical

purposes under the prescription or supervision of a person licensed to administer,

prescribe, control, or dispense the prescribed substances, or if peyote, it is sold, produced,

traded, transported, or given away and intended for use in connection with the bona fide

practice of a religious belief, or as an integral part of a religious exercise.

30-18-04.

Possession, Use or Trafficking of Controlled or Toxic Substances in

Drug Free Zones

Any person who uses, possesses, sells, produces, trades, transports,

or gives away any controlled substance, vapor-releasing toxic substance, tobacco, or

prescription drugs for the purpose of becoming intoxicated within 1000 feet of school

grounds, parks, or ceremonials grounds is guilty of possession, use, or trafficking

controlled substances or toxic substances in a drug free zone.

Any person found guilty of possession, use, or trafficking controlled

substances or toxic substances in a drug free zone is guilty of a Class C Misdemeanor.

It shall be an affirmative defense to the possession of prescription drugs, a

controlled substance, tobacco, or vapor releasing toxic substances in a drug free school

zone if the possession is for medical purposes under the prescription or supervision of a

person licensed to administer, prescribe, control, or dispense the prescribed substances, or

if used for its legally intended purpose.

30-18-05.

Possession of Drug Paraphernalia

Any person who knowingly uses or possesses, with intent to use,

equipment, products, and materials of any kind which are used, or intended for use, or

designed for use in planting, propagating, cultivating, growing, harvesting,

manufacturing, compounding, converting, producing, processing, preparing, testing,

analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting,

inhaling, or otherwise introducing into the human body a controlled substance is guilty of

possession of drug paraphernalia.

Page 48 of 57

Any person found guilty of possession of drug paraphernalia is guilty of a

Class E Misdemeanor.

30-18-06.

Trafficking of Toxic Substances to Minors

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Any person who sells, permits the sale of, attempts to sell, conspires to

sell, trades, gives or transfers any tobacco, glue, paint, gas, or other toxic substance for

the purpose of intoxication, elation, euphoria, or to induce irrational behavior or dulling

or distorting of the senses or mental processes to a person under the age of eighteen (18)

years, knowing the minor intends to use the substance as an intoxicant, is guilty of

trafficking of a toxic substances to minors.

A person found guilty of trafficking of toxic substances to minors is guilty

of a Class C Misdemeanor.

30-19 FRAUD AND INDIAN CRAFTS

30-19-01.

Indian Arts and Crafts

All items labeled or otherwise identified as an Indian art or craft must be

handmade, meaning entirely made by hand, or handcrafted, meaning at least partly made

by hand, by an enrolled tribal member of an Indian tribe that the Pueblo of Isleta

acknowledges as a Tribe.

30-19-02.

Sale of Fraudulent Indian Arts and Crafts

Any person who sells an item labeled or otherwise identified as an Indian

art or craft when the item is not handmade or handcrafted by an enrolled tribal member of

an Indian Tribe shall be guilty of the sale of fraudulent Indian arts and crafts.

Any Indian person found guilty of the sale of fraudulent Indian arts and

crafts is guilty of a Class D Misdemeanor.

30-20 VICTIM'S RIGHTS ACT

30-20-01.

Victim’s Bill of Rights.

All victims have a right to the following when dealing with the criminal

justice system:

To be treated with fairness, respect, and dignity and to be free from

intimidation, harassment, or abuse, throughout the criminal justice

process.

Page 49 of 57

To be informed, upon request, when the accused or convicted

person is released from custody or has escaped.

To be present at and, upon request, to be informed of all criminal

proceedings where the defendant has the right to be present.

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To be heard at any proceeding involving a post-arrest release

decision, a negotiated plea, and sentencing.

To confer with the prosecution after the crime against the victim

has been charged, before trial, or before any disposition of the

case, and to be informed of the disposition.

To read pre-sentence reports relating to the crime against the

victim when they are made available to the defendant.

To receive prompt restitution from the person or persons convicted

of the criminal conduct that caused the victim's loss or injury.

To be heard at any proceeding when any post-conviction release

from confinement is being considered.

To a speedy trial or disposition and prompt and final conclusion of

the case after the conviction and sentence.

10.

The right to copies of any documents filed with the Court

regarding the conviction, sentencing, imprisonment, escape or

release of the accused.

11.

To have at least one support person present during any hearings.

A victim's exercise or lack of exercising any right granted by this section

shall not be grounds for dismissing a criminal proceeding or setting aside any conviction

or sentence.

30-21 DEFINITIONS FOR CHAPTER 30:

LAW AND ORDER CODE.

30-21-01.

Scope

The definitions within this Code section shall apply to the Law and Order Code of the

Pueblo of Isleta, Chapter 30.

Page 50 of 57

30-21-02.

Definitions

“Abuse” means the infliction or allowing of physical injury, impairment

of bodily function, disfigurement, the infliction of or allowing another person to cause

serious emotional damage as evidenced by diagnosis of a medical doctor or psychologist

or by severe anxiety, depression, withdrawal or outward aggressive behavior caused by

the acts or omissions of an individual having care, custody, and control of a child. Abuse

shall include inflicting or allowing sexual abuse, sexual conduct with a minor, sexual

assault; molestation of a child, commercial sexual exploitation of a minor, sexual

exploitation of a minor, incest, or child prostitution.

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“Adult” means a person who is eighteen (18) years of age or older.

“Child, Youth, or Juvenile” means an individual who is under the age of

eighteen (18) years.

“Close Pursuit” means pursuit without unreasonable delay, and including

close pursuit of a person who has committed a criminal offense, or who is reasonably

suspected of having committed a criminal offense.

“Controlled Substance” means marijuana, cocaine, amphetamines,

opiates, phencyclidine, barbiturates and such derivatives and other controlled substances

as defined in 21 U.S.C. §812 or Chapter 30, Article 31 of the New Mexico Criminal Code

and any amendments thereto.

“Court” means the Pueblo of Isleta Tribal Court and Appellate Court.

“Criminal Negligence” means that a person fails to perceive a substantial

and unjustifiable risk that a particular result will occur or that a particular circumstance

exists. The risk must be of such nature and degree that the failure to perceive it

constitutes a gross deviation from the standard of care that a reasonable person would

observe in the situation.

“Criminal Offense” means any illegal act defined as criminal by law.

“Culpable Mental State” means intentionally, knowingly, recklessly, or

with criminal negligence.

10.

“Damaging” means causing any physical or visual impairment to any

surface or structure.

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11.

“Dangerous Weapon” or “Dangerous Instrument” means anything that

under the circumstances in which it is used, attempted to be used or threatened to be used

is readily capable of causing serious physical injury and includes, but is not limited to,

any:

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Air gun, CO2 gun, stun gun, blowgun, explosive device, pistol, or

other firearm;

crossbow, bow and arrow;

bayonet, dagger, switchblade, bowie knife, or other kind of knife,

except a folded pocket knife;

sling shot, club, or chain;

sword or spear;

metal knuckles; or

any other instrument capable of causing serious physical injury.

12.

“Deadly Weapon” means any instrument, including but not limited to a

firearm or motor vehicle, used in such manner as to render it capable of causing death.

13.

“Defacing” means any unnecessary act of substantially marring any

surface or object, by any means, or painting any notice upon any structure, without

permission from the owner.

14.

“Drive-by Shooting” means intentionally discharging a firearm or any

explosive device from a motor vehicle whether moving or stopped, at a person, another

motor vehicle, or structure.

15.

“Elder” means a person who is sixty (60) years old or older.

16.

“Estray” shall mean any bovine animal, horse, mule, or ass found running

at large upon public or private lands, either fenced or unfenced, in the Pueblo of Isleta,

whose owner is unknown in the pasture section where found or which shall be fifty miles

or more from the limits of its usual range or pasture, or that is branded with a brand that

is not on record in the office of the Cattle Sanitary Board of New Mexico.

17.

“Execution” means the legal process of seizing and selling property to

satisfy an obligation to make full restitution pursuant and limited to this enactment.

18.

“Executive Authority” means the Governor, First Lieutenant Governor,

Second Lieutenant Governor, Sheriff, or Undersheriff, as set forth in Article IV of the

Pueblo of Isleta Constitution.

19.

“Explosives” means any chemical compound, mixture, or device for

which the primary purpose is to function by an explosion.

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20.

“Extradition Waiver” means a voluntary acknowledgment in written

form, by a fugitive, that he/she is voluntarily willing to surrender to the demanding

jurisdiction and waive any extradition procedure.

21.

“Firearm” means any weapon which propels a bullet or other object

through the use of gunpowder.

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22.

“Fireworks” means anything manufactured, processed, or packaged for

exploding, emitting sparks, or combustion which does not have another common use, but

does not include fuel, a flare, a model rocket engine, tobacco products, a match, cigarette

lighter, stove, furnace, candle, lantern, a sparkler not exceeding 36 inches, a device

containing paper confetti.

23.

“Forged Instrument” means a written instrument or document which has

been altered, falsely signed, or falsely completed.

24.

“Fugitive” means any person charged with a criminal offense who has

fled from justice and the jurisdiction where the offense occurred.

25.

“Governor” means the Chief Executive Officer of the Pueblo of Isleta

26.

“Habeas Corpus” has the same meaning as set forth in 25 U.S.C. Section

Tribe.

1303.

27.

"Household member" as used within the Law and Order Code shall be

defined as a spouse, former spouse, or family member including a relative, parent,

present or former stepparent, present or former in-law, a co-parent of a child, or a person

with whom a person has had a continuing personal relationship. Co-habitation is not

necessary to be deemed a household member for the purposes of the Law and Order Code

of the Pueblo of Isleta.

28.

“Intentional” means that a person's conscious objective is to cause a

particular result or to engage in a particular course of conduct.

29.

“Intoxication” means the condition of a person whose mental or physical

functioning is presently substantially impaired as a result of the use of alcohol.

30.

“Judicial Officer” means any Tribal Court Judge, Bailiff, Clerk,

Prosecutor, and any attorney, advocate, or legal representative licensed to practice in

Tribal Court and/or appearing in Court acting in his/her professional capacity.

31.

“Knowingly” means that a person is aware or believes that the specified

fact with regard to his/her conduct, omission, or circumstance exists. It does not require

any knowledge of the unlawfulness of the act or omission.

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32.

“Lawful Custody” means confinement by Court Order, physical, or

constructive restraint by a Police Officer.

33.

“Litter” includes any rubbish, refuse, waste water or material, paper,

glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead

animals, sewage or any foreign substance of whatever kind or description, including

junked or abandoned vehicles, whether or not any of these items are of value.

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34.

“Livestock inspector” shall mean a livestock inspector duly authorized

by the Tribe and appointed by the New Mexico Livestock Board.

35.

“Malicious” means a deliberate act in an unlawful manner, with or

without ill will.

36.

“Negligent” means a person should have been aware of a substantial and

unjustifiable risk with regard to his/her conduct or a specific result from his/her conduct,

or that the conduct involves a significant deviation from the standard of care that a

reasonable person would observe in that situation.

37.

“Necessity” means food, shelter, or any other personal property that is

necessary to live.

38.

“Offense” means any criminal conduct prohibited by this Code.

39.

“Oral Sexual Contact” means contact by mouth with the penis, vulva, or

anus.

40.

“Person” means every natural person, firm, partnership, association, or

corporation and their legal successors.

41.

“Personal Property” means any tangible property that is movable.

42.

“Physical Injury” means the impairment of physical condition and

includes, but is not limited to, any skin or bone bruising, pressure sores, bleeding, failure

to thrive, malnutrition, dehydration, burns, fracture of any bones, subdural hematoma,

soft tissue swelling, injury to any internal organ, or any other physical injury which

would imperil the health or welfare of a person.

43.

“Police Officer” means a law enforcement officer who is employed by

the Pueblo of Isleta Indian Tribe, any county, state, or federal law enforcement officer, or

any other person deputized by the Pueblo of Isleta.

44.

“Producing” means financing, directing, manufacturing, issuing,

publishing, or advertising for pecuniary gain.

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45.

“Prostitution” means engaging in, agreeing to, or offering to engage in

sexual intercourse or sexual contact for money, gratuities, or other consideration.

46.

“Public Office” means any position of employment or appointment

within the Pueblo of Isleta Tribe.

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47.

“Public Place” means an establishment open to the public, whether it is

publicly or privately owned.

48.

“Public Servant” means any employee, servant, agent, attorney, or

appointed official or contractor of the Pueblo of Isleta Tribe.

49.

“Reckless” means an act done in conscious disregard of a unjustifiable

risk and in gross deviation from reasonable standards of conduct.

50.

“Reportable Conviction” means a final conviction of a Sexual Offense,

including any delinquency findings or adjudications of minors, or treatment at a mental

facility for a sexual offense as defined by the law of the jurisdiction where convicted

51.

“Restitution” means requiring a person found guilty of criminal conduct

to compensate the victim(s) of such criminal conduct for any financial loss suffered due

to their criminal conduct or to reimburse the Pueblo of Isleta Tribe for any costs incurred

by the Pueblo of Isleta for the incarceration of such person.

52.

“School” means any public, private, government, or parochial facility of

instruction including a Head Start or kindergarten program, elementary school, or high

school and any institution of higher learning, including a college or junior college.

53.

“School Grounds” means the area within one thousand (1,000) feet of a

school or its accompanying grounds, a school bus stop, or any school bus or vehicle that

transports pupils to any school.

54.

“Security Officer” means any person employed as a watchman,

patrolman, bodyguard, private security guard, or other person who performs security

guard services but does not include any regularly commissioned Police Officer.

55.

“Serious Physical Injury” means physical injury which creates a risk of

death, or which causes serious or permanent disfigurement, or serious impairment of

health, or loss or protracted impairment of the function of any bodily organ or limb, or

psychological/emotional impairment.

56.

“Sexual Conduct” means actual or simulated act of sexual intercourse,

including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons

of the same or opposite sex, penetration of the vagina or rectum by any object except

when done as part of a recognized medical procedure; sexual bestiality; sadomasochistic

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abuse; lewd exhibition of the genitals, pubic, or rectal areas of any person; or defecation,

urination, or masturbation for the purpose of sexual stimulation of the viewer.

57.

“Sexual Contact” means any direct or indirect touching, fondling, or

manipulating of any part of the genitals, anus, or female breast by any part of the body or

by any object.

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58.

“Sexual Intercourse” means penetration into the vulva or anus by any

part of the body or any object or manual masturbatory contact with the penis or vulva.

59.

married to.

60.

“Spouse” means a person's partner in marriage whom one is legally

“Tamper” means any act of interference.

61.

“Toxic Substance” means any chemical or substance which has the

capacity to produce personal injury or illness to a person when ingested, inhaled, or

absorbed through a bodily surface.

62.

“Tribal Council” means the Pueblo of Isleta Tribal Council.

63.

“Tribe” means the Pueblo of Isleta Tribe.

64.

“Victim” means a person against whom a criminal offense has been

committed or, if the person is killed or incapacitated, the person's spouse, parent, child, or

other lawful representative, except if the person is in custody for an offense or is the

accused.

65.

“Visual or Print Medium” mean any film, photograph, videotape,

negative, slide, book, magazine or other form of publication or photographic reproduction

containing or incorporating in any manner any film, photograph, videotape, negative or

slide.

66.

“Vulnerable Adult” means a person who is vulnerable to assault because

of the infirmities of aging or mental incompetence.

67.

“Warrant of Extradition” means documents issued by any state or

another Indian tribe in accordance with this extradition procedure, requesting the

deliverance of a fugitive from justice.

68.

“Without Consent” means coercion by the immediate use, or threatened

use, of force against a person or property who is incapable of consent by reason of mental

disorder, drugs, alcohol, sleep, or any other similar impairment of cognition, and such

condition is known or should have reasonably been known to the defendant; intentional

deception as to the nature of an act; or intentional deception as to identity causing a

person to act in a way they may not otherwise act.

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COMPILER’S NOTES:

This Revised Law and Order Code was adopted by action of the Pueblo of Isleta

Tribal Council in Resolution 2008-192, “Adopting Pueblo of Isleta Revised Law and Order

Code and Rescinding and Supplanting the 1965 Law and Order Code Except with Respect

to Certain Specific Provisions,” dated September 11, 2008. In accordance with the

requirements in Article X, Section 2, of the Pueblo of Isleta Constitution, the Revised Law

and Order Code and Resolution 2008-192 were timely submitted to the Secretary of the

Interior for approval and, after 120 days and no notice of Secretarial approval or

disapproval having been received, the Code was deemed approved and effective as of

January 10, 2009. Attached to this document are the enacting Resolution and the relevant

portions of the 1965 Law and Order Code which were preserved.

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Tribal Council Resolution 2012-034A, enacted the Pueblo of Isleta Ordinance on

Paternity Determinations, effective September 25, 2012. Read with 1-1-20.

Probate Ordinance, approved by Tribal Council June 10, 2014, by motion. Vote

count (12-0-0). Effective October 8, 2015.

Tribal Council approved by Motion on September 20, 2017 to amend the offenses

of:

• 30-04-03 Assault.

• 30-04-04 Aggravated Assault.

• 30-10-04 Aggravated Assault on a Household Member.

• 30-10-05 Battery on a Household Member.

and add the new criminal offenses of:

• 30-04-15 Battery.

• 30-04-16 Aggravated Battery.

• 30-04-17 Assault on a Police Officer.

• 30-04-18 Aggravated Assault on a Police Officer.

• 30-04-19 Battery on a Police Officer.

• 30-04-20 Aggravated Battery on a Police Officer.

• 30-10-09 Assault on a Household Member.

• 30-10-10 Aggravated Battery on a Household Member.

Vote count of 7-0-0.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.