C:\My Documents\wtmthtml\Criminalcode.html

(5) "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 death or serious physical injury, and includes but is not limited to any:

(a) airgun, CO² gun, stun gun, blowgun, explosive device, pistol, or other firearm;

(b) crossbow, bow and arrow;

(d) sling shot, club, blackjack or chain;

(e) sword, sword cane, or spear;

(f) metal knuckles; or

(g) any other instrument capable of lethal use, possessed under circumstances not appropriate for lawful use.

(6) "Deadly weapon" means any instrument, including but not limited to a motor vehicle, used in such manner as to render it capable of causing death or serious physical or psychological injury.

(7) "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.

(8) "Drive by Shooting" means intentionally discharging a firearm or the propulsion of any explosive or explosive device from a motor vehicle whether moving or stopped, at a person, another motor vehicle, or structure.

(9) "Firearm" means any weapon which propels an object through the use of gunpowder.

(10) "Judicial Officer" means any Tribal Court Judge, Bailiff, Clerk, Prosecutor, and any attorney, advocate or legal representative licensed to practice in Tribal Court, appearing in court, acting in his/her professional capacity.

(11) "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.

(12) "Malicious" means a deliberate act in an unlawful manner with or without ill will.

(13) "Offense" means any criminal conduct prohibited by this Code.

(14) "Participant" means a person who of his or her own will is in the vehicle used in a drive-by shooting, during the drive-by shooting.

(15) "Peace Officer," "Police Officer," "Law Enforcement Officer," or "Officer" means any officer of the White Mountain Apache Tribe Police Department, White Mountain Apache Tribe Game and Fish Department and any other officer authorized by the White Mountain Apache Tribe to enforce this Code and includes reserve officers while authorized to engage in official law enforcement duties for the White Mountain Apache Tribe.

(16) "Person", "he" and "actor" means any natural person and, where relevant, a corporation or unincorporated association.

(17) "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 physical conditions which imperils the health or welfare of a person.

(18) "Public Servant" means any employee, servant, agent, attorney, or appointed official or contractor of the Tribe.

(19) "Public Office" means any position of employment or appointment with the White Mountain Apache Tribe.

(20) "Reckless" means an act done in conscious disregard of a unjustifiable risk and in gross deviation from reasonable standards of conduct. Ignorance of reasonable standards of conduct resulting from voluntary intoxication is no defense to recklessness.

(21) "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.

(22) "School grounds" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop, or any school bus or vehicle which transports pupils to any school.

(23) "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 or peace officer.

(24) "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.

(25) "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, or causing a person to engage in such contact.

(26) "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva.

(27) "Tamper" means any act of interference.

(28) "Tribal Council" means the White Mountain Apache Tribal Council.

(29) "Tribe" means the White Mountain Apache Tribe.

SECTION 1.2 JURISDICTION

The White Mountain Apache Tribe has original and absolute jurisdiction on any basis consistent with its sovereignty, constitution and laws to prosecute any person for acts covered under this code, except as may be expressly limited by the laws of the United States. This jurisdiction is not affected by, nor shall it be deemed to preclude, any federal prosecution.

SECTION 1.3 SEVERABILITY

If any provision of this Code, or the application thereof, is held invalid, the remainder of this Code, or other applications of such provision, shall not be affected.

CHAPTER TWO

OFFENSES

SECTION 2.1 ABDUCTION

A. A person is guilty of an offense who wilfully takes, keeps, or entices away:

(1) Any child under the age of 18 years from his parent, guardian or custodian without the consent of the parent, guardian or custodian, or

(2) Any person from his lawful custodian, knowing he has no lawful right to do so.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred and Sixty-Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.2 ACCOMPLICE LIABILITY

A. A person is an accomplice of another person in the commission of an offense if with the purpose of promoting or facilitating the commission of an offense he:

(1) Solicits such person to commit it; or

(2) Aids or agrees or attempts to aid such other person in planning or committing it; or

(3) Knowingly fails to report injury to and/or death of a person; or

(4) Having a legal duty to prevent the commission of the offense, fails to make proper effort to do so.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed one half (1/2) the maximum sentence for the underlying offense or to pay a fine not to exceed one half (1/2) the maximum fine for the underlying offense, or both such term of imprisonment and payment of fine.

SECTION 2.3 ADULTERY

A. A person who has sexual intercourse with another person, either of such persons being married to a third person, is guilty of an offense.

B. No prosecution for adultery shall commence except upon the complaint of an aggrieved wife or husband.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed One Hundred Fifty Dollars ($150.00), or both.

SECTION 2.4 ASSAULT

A. A person commits assault by:

(1) Intentionally, knowingly, or recklessly causing any physical injury to another person; or

(2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or

(3) Knowingly touching another person with the intent to injure, insult, or provoke such person; or

(4) Threatening another person with death, even if not imminent; or

(5) By threatening force or violence causes another to harm himself or herself.

B. A person found guilty under this Section, may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.5 ASSAULT; AGGRAVATED

A. A person commits aggravated assault if such person commits assault as defined in Section 2.4 under the following circumstances:

(1) Causing serious physical injury to another; or

(2) Using a deadly weapon or dangerous instrument; or

(3) Assaulting a law enforcement officer, security officer, or judicial officer or Tribal Council member while such officer or Council member is acting in his or her official capacity.

B. A person found guilty under this Section shall be sentenced to imprisonment for a period not to exceed Three Hundred Sixty Five (365) days, but not less than Thirty (30) days, and to pay a fine not to exceed Five Thousand Dollars ($5,000.00). Any person sentenced under this Section shall not be eligible for suspension of sentence, probation, parole, or any other release from custody until the sentence imposed by the court is served.

SECTION 2.6 ASSAULT WITH A DEADLY WEAPON

A. A person who willfully causes, attempts to cause, or threatens to cause bodily injury to another by means of a deadly weapon is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed One Thousand Dollars ($1,000.00) or both.

C. A person found guilty under this Section of assaulting a law enforcement officer, judicial officer, or Tribal Council member, while such officer or Council member is acting in his or her official capacity, shall be sentenced to imprisonment for a period not to exceed Three Hundred Sixty Five (365) Days or to pay a fine not less than Five Thousand Dollars ($5,000.00), or both.

SECTION2.7 ASSAULT WITH INTENT TO COMMIT RAPE

A. A person who unlawfully attempts to threaten to cause bodily injury, or willfully and unlawfully uses force or violence upon another person, with intent to induce, coerce, or force such other person to submit to sexual intercourse is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.8 ASSAULT WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY

A. A person is guilty of an offense who willfully and unlawfully causes or attempts to cause serious physical injury to another.

SECTION 2.9 ASSAULT WITH INTENT TO KILL

A. A person is guilty of an offense who with intent to kill, willfully and unlawfully causes or attempts to cause physical injury to another.

B. A person found guilty under this section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed ) Five Thousand Dollars ($5,000.00) or both.

SECTION 2.10 ATTEMPT

A. A person is guilty of an attempt to commit a crime when, with the intent to commit a specific offense, he does any act which constitutes a substantial step towards the commission of that offense.

(1) Conduct shall not be held to constitute a substantial step under this Section unless it is strongly corroborative of the actor's criminal purpose.

(2) When the actor's conduct would otherwise constitute an attempt under this Section, it is an affirmative defense that he abandoned his efforts to commit the specific offense, or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

(a) Renunciation is not complete if it is in response to law enforcement surveillance or detection, or if it is motivated by any effort/ decision to postpone the criminal conduct until a more advantageous time, or if it is motivated by any effort/decision to transfer the criminal effort to another but similar objective or victim.

(b) The renunciation of one actor does not affect the liability of an accomplice who did not join in such abandonment or prevention.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed of one-half (1/2) the maximum sentence of the underlying offense or to pay a fine not to exceed one-half (1/2) the maximum fine for the underlying offense, or both such term of imprisonment and payment of fine.

SECTION 2.11 BAD CHECKS - ISSUANCE OF

A. A person who issues or passes a check knowing that he does not have sufficient funds in, or on deposit with, the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance is guilty of an offense.

B. For purposes of this Section, the issuer's knowledge of insufficient funds may be presumed if either:

(1) The issuer had no account with the bank or other drawee at the time he issued the check; or

(2) Payment was refused by the bank or other drawee for lack of funds on presentation within thirty days after issue and the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve days after receiving notice of that refusal.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred ($500.00) dollars, or both; and

(1) An order to make restitution to the victim in an amount not less than the face amount of the check or checks, together with all applicable costs and fees. Completion of restitution may be a mitigating factor in any imposition of punishment under this Section.

(2) If a person has been previously convicted for violation of this Section, the court may require restitution in an amount not to exceed twice the amount of the dishonored check or checks or Fifty Dollars ($50.00), whichever is greater, together with all applicable costs and fees.

SECTION 2.12 BEGGING OR SOLICITING

A. A person is guilty of an offense who begs or solicits gifts of money, property or other thing(s) of value on the streets, sidewalks or other public places.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Thirty (30) days, or to pay a fine not to exceed Ninety Dollars ($90.00), or both.

C. This Section shall not apply to any person acting in behalf of any civic, charitable, religious or social organization authorized by the Tribal Council to solicit gifts of money, property or other things of value on the Fort Apache Indian Reservation.

SECTION 2.13 BIGAMY

A. A person is guilty of an offense who marries another person while having a husband or wife living.

B. Subsection A shall not apply to any person whose husband or wife has been absent for five successive years, without being known to such person within that time to be living, nor to any person whose former marriage has been dissolved by any court of competent jurisdiction.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Ninety Dollars ($90.00), or both.

SECTION 2.14 BRANDING LIVESTOCK OF ANOTHER

A. A person is guilty of an offense who brands or marks an animal with a brand other than the recorded brand of the owner, or alters or obliterates any brand or mark on any animal not his own, with intent to convert the animal to his or some third person's use without consent of the owner .

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.15 BRIBERY - GIVING

A. A person is guilty of an offense who gives or offers to give to another person money, property or any other thing of value with intent to influence a public servant in the discharge of his public duties.

SECTION 2.16 BRIBERY - RECEIVING

A. A public servant is guilty of an offense who receives or asks to receive any money, property, or other thing of value from any person with the promise or intent to be influenced in the discharge of his or her public duties. This section does not apply to political contributions made without corrupt intent.

C. In addition to any sentence imposed under Subsection B, a person found guilty under this Section forfeits his or her public office.

SECTION 2.17 BRIBERY - SOLICITING

A. A person is guilty of an offense who obtains or seeks to obtain money, property or any other thing of value, upon a claim or representation that he can or will improperly influence the action of a public servant in the discharge of his public duties.

C. In addition to any sentence imposed under Subsection B, a person found guilty under this Section forfeits his or her public office.

SECTION 2.18 CARRYING A CONCEALED WEAPON

A. A person is guilty of an offense who has concealed on or about his person, or within his immediate control, a Dangerous Weapon.

B. Subsection A shall not apply to any person authorized by any tribal government, or state government, or by the government of the United States or any subdivision of any of the aforementioned governments to carry such weapon.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to any a fine not to exceed Five Hundred Dollars ($500.00), or both.

D. Any weapons concealed in violation of this Section shall be subject to seizure and forfeiture as provided in the White Mountain Apache Rules of Criminal Procedure.

SECTION 2.19 CONSPIRACY

A. A person is guilty of conspiracy with another person, or persons, to commit a crime if, with the purpose of promoting or facilitating the crime's commission, he agrees to aid such other person(s) in the planning or commission of such crime.

(1) No person may be convicted of conspiracy to commit a crime unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.

(2) Any person guilty of conspiracy, who knows that a person with whom he conspired has also conspired with another person or persons to commit the same crime, is guilty of conspiring with such other person(s), whether or not he knows their identity.

(3) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

(4) Defense to Conspiracy: Renunciation. In a prosecution for conspiracy, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities of the conduct or result which is the object of the conspiracy, or otherwise made a reasonable effort to prevent such conduct or result.

(5) A renunciation is not voluntary and complete within the meaning of this section if it is motivated in whole or in part by:

(a) A belief that circumstances exist which either increase the probability of immediate detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or

(b) A decision to postpone the criminal conduct or to transfer the criminal effort to another victim, place or another but similar objective.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed one-half (1/2) the maximum sentence for the underlying offense or to pay a fine not to exceed one-half (1/2) the maximum fine for the underlying offense, or both such term of imprisonment and payment of fine.

SECTION 2.20 CONTRIBUTING TO THE DELINQUENCY OF A MINOR

A. An adult person is guilty of an offense who:

(1) Knowingly causes, encourages, or advises a minor to commit an offense as defined under the provisions of the White Mountain Apache Tribe Law and Order Code; or

(2) Knowingly causes, encourages or assists a minor to be delinquent or in need of supervision as defined under the provisions of the Juvenile Code.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.21 CRIMINAL NEGLIGENCE

A. A person is guilty of an offense who:

(1) Recklessly endangers the safety of another, or

(2) Acts with careless disregard for the safety of another.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days, or pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.22 CRIMINAL DAMAGE

A. A person who commits the following is guilty of an offense:

(1) Defacing or damaging property of any person, organization, corporation, government or other entity; or

(2) Tampering with property of any person, organization, corporation, government or other entity so as to substantially impair its function or value; or

(3) Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.

B. A person found guilty under this Section may be imprisoned for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00), or both.

SECTION 2.23 CRIMINAL DAMAGE; AGGRAVATED

A. A person who commits the following is guilty of an offense:

(1) Defacing, damaging, or in any way changing the appearance of any tribal governmental building or tribally owned building.

(2) Defacing, damaging, or in any way changing the appearance of any building, structure, personal property, or place used for sunrise dance, holy ground shrines, sacred places, holy grounds and any other property, or place used for worship or any religious purpose; or

(3) Defacing or damaging any building, structure, or place used as a school or as an educational facility; or

(4) Defacing, damaging, or tampering with any cemetery, mortuary, or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.

B. A person found guilty under this Section shall be sentenced to imprisonment for a period not to exceed Three Hundred Sixty Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.24 CRIMINAL TRESPASS

A. A person is guilty of an offense who:

(1) Enters or remains upon any public property for an unlawful purpose; or

(2) Without good cause enters, remains upon or traverses private lands or other private property not his own, where notice against trespassing has been reasonably communicated by the owner; or

(3) Knowingly allows his livestock or livestock under his control to occupy or graze on the lands of another.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.25 CUSTODIAL INTERFERENCE

A. A person commits custodial interference if, knowing or having reason to know that he or she has no legal right to do so, such person knowingly takes, entices or keeps from lawful custody any child less than eighteen (18) years of age or incompetent, entrusted by authority of law to the custody of another person or institution.

B. If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this Section until paternity is established and custody is determined by the court.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred and Eighty (180) days or to pay a fine not to exceed Three Thousand Dollars ($3,000.00) or both.

SECTION 2.26 CRUELTY TO ANIMALS

A. A person is guilty of an offense who:

(1) Recklessly or maliciously inflicts injury, pain, suffering, or death upon any animal; or

(2) Recklessly or maliciously subjects any animal to cruel mistreatment, neglect, deprivation of water or food, or abandonment.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Thirty (30) days or to pay a fine not to exceed Thirty Dollars ($30.00), or both.

SECTION 2.27 DEFAMATION

A. A person is guilty of an offense who, with malice towards another and with intent to harm such other person in his relationship with others, publishes, declares or otherwise communicates to a 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.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Fifty (50) days or to pay a fine not to exceed Fifty ($50), or both.

SECTION 2.28 DISOBEDIENCE TO A LAWFUL ORDER OF THE COURT

A. A person who willfully disobeys any order, subpoena, warrant, or command duly issued by the Tribal Court or any official thereof is guilty of an offense.

SECTION 2.29 DISORDERLY CONDUCT

A. A person is guilty of an offense who:

(1) Engages in fighting or provokes a fight;

(2) Disrupts any lawful public or religious meeting;

(3) Causes unreasonable noise; or

(4) Uses language or gestures knowing them to be obscene or likely to provoke a fight.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed sixty (60) days or to pay a fine not to exceed Sixty Dollars ($60.00), or both.

SECTION 2.30 DISPOSING OF PROPERTY OF DECEDENT'S ESTATE

A. A person is guilty of an offense who, without proper authority, uses, transfers or otherwise disposes of any property of a decedent's estate before the determination of devises, heirs, or other distributees.

SECTION 2.31 DRIVE-BY SHOOTING

A. Any person who is a participant in a drive-by shooting is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both. Such person shall not be eligible for suspension of sentence, probation, parole or any other release from custody until the sentence imposed by the Court is served.

SECTION 2.32 ESCAPE

A. A person is guilty of an offense who willfully escapes, attempts to escape, assists in an escape from lawful custody, or fails to return to custody at the scheduled time.

B. "Lawful custody" means confinement by court order or actual or constructive restraint by a police officer pursuant to an arrest.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed One Hundred Eighty Dollars ($180.00), or both.

D. Any sentence imposed under this Section shall run consecutively to that of the original offense.

SECTION 2.33 EXTORTION

A. A person is guilty of an offense who compels or induces another person to deliver property to himself or to a third person by threatening that if the property is not delivered, the actor or another will:

(1) Cause physical injury to some person; or

(2) Cause damage to property; or

(3) Accuse some person of a crime or cause criminal charges to be instituted against some person; or

(4) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule.

SECTION 2.34 FAILING TO SUBMIT TO TREATMENT OR KNOWINGLY TRANSMITTING A CONTAGIOUS DISEASE

A. A person who knows 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 immediate or intermediate contact, and who willfully exposes another to the disease, in a place other than a medical facility, is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Twenty (120) days, provided that any such sentence shall be suspended if the offender submits to and completes medical treatment.

C. The court, upon finding reasonable cause to believe that a person has any of the above diseases, may order the person examined. If upon examination, the person is found to be infected with any of the diseases, the court may order the person to submit to medical treatment as prescribed by competent medical authority.

SECTION 2.35 FAILURE TO SEND CHILDREN TO SCHOOL

[REFER TO SECTIONS 1.1 - 7.4 OF THE WHITE MOUNTAIN APACHE EDUCATION CODE.]

SECTION 2.36 FAILURE TO SUPPORT

A. A person is guilty of an offense who knowingly and without justification fails to support, care for, or protect a spouse, child, or other person for whose support he or she is responsible.

SECTION 2.37 FORGERY

A. A person is guilty of an offense who, with intent to defraud

(1) Alters, falsely signs, or completes any written instrument, or

(2) Passes as genuine that which he knows to be a forged instrument.

B. "Forged instrument" means a written instrument which has been altered, falsely signed or falsely completed.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.38FRAUD

A. A person is guilty of an offense who obtains property:

(1) By willful misrepresentation of fact; or

(2) By failure to reveal facts which he knows should be revealed.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed One Hundred Eighty Dollars ($180.00), or both.

SECTION 2.39 GAMBLING

A. A person is guilty of an offense who knowingly stakes or risks a thing of value in a game of chance upon an agreement understanding that he or some other person may receive some thing of value depending on the outcome.

B. Under subsection A of this section, "bingo", raffles and lotteries shall not be considered games of chance when conducted by religious or charitable organizations authorized by the Tribal Council to conduct such games.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Twenty (20) days or to pay a fine not to exceed Twenty Dollars ($20) or both.

D. This Section does not apply to entities or the patrons therof authorized to conduct such activities pursuant to the White Mountain Apache Tribe and State of Arizona Gaming Compact and White Mountain Apache Tribe Gaming Ordinance.

SECTION 2.40 HARBORING A FUGITIVE

A. A person is guilty of harboring a fugitive if, with the intent to hinder apprehension, prosecution, conviction or punishment of another for any offense, such person renders assistance to that person.

B. A person renders assistance under this Section, by:

(1) Concealing the other person or the identity of the other person; or

(2) Warning the other person of impending discovery, apprehension, prosecution or conviction. This does not apply to a warning given in connection with an effort to bring another into compliance with the law; or

(3) Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction; or

(4) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or

(5) Suppressing by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the other person.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2.41 ILLICIT COHABITATION

A. A person who lives or cohabits as a man and wife with another person, while not being married to such person, is committing a crime against the cultural integrity of the Tribe and is guilty of an offense.

B. A person found guilty under this section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.42 IMPERSONATING A TRIBAL OFFICIAL

A. A person who impersonates or pretends to be a Tribal official and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official acts is guilty of an offense.

B. It is no defense to impersonating a Tribal official that the office the person pretended to hold did not in fact exist.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Sixty (60) days or to pay a fine not to exceed One Hundred Eighty ($180.00), or both.

SECTION 2.43 INCEST

A. A person is guilty of an offense who has sexual intercourse with another person knowing that he or she and such person are related, whether naturally or through adoption as either:

(1) Parent and child,

(2) Grandparent and grandchild (any degree),

(3) Siblings,

(4) Uncle and niece/nephew,

(5) Aunt and nephew/niece, or

(6) First cousins.

SECTION 2.44 INHALING TOXIC VAPORS

A. A person is guilty of an offense who inhales the vapors or fumes of paint, gas, glue, or any other toxic product for the purpose of becoming intoxicated.

SECTION 2.45 INTERFERENCE WITH AN OFFICER

A. A person is guilty of an offense who willfully prevents or attempts to prevent a police officer from effecting an arrest or from otherwise discharging his or her official duty by:

(1) Creating a substantial risk of physical harm to the officer or any other person; or

(2) Employing means of resistance which justify or require substantial force to overcome; or

(3) Knowingly making a false, fraudulent, or unfounded report or statement to an officer; or

(4) Knowingly misrepresenting a fact to an officer.

SECTION 2.46 INTERFERENCE WITH JUDICIAL PROCEEDINGS

A. A person commits interference with Judicial Proceedings if such person knowingly:

(1) Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; or

(2) Disobeys or resists the lawful order, process or other mandate of a court; or

(3) Refuses to be sworn or affirmed as a witness in any court proceeding; or

(4) Publishes a false or grossly inaccurate report of a court proceeding; or

(5) Refuses to serve as a juror unless exempted by law; or

(6) Fails inexcusably to attend a trial at which he has been chosen to serve as a juror; or

(7) Intimidates a witness or victim or dissuades a witness from testifying.

SECTION 2.47 JOYRIDING

A. A person who, without proper authority, drives, operates or otherwise uses any vehicle, not his own, is guilty of an offense.

SECTION 2.48 LITTERING

A. A person who intentionally commits any of the following is guilty of an offense:

(1) Discards or deposits any litter upon any highway, road or public place, or upon any land, not his own; or

(2) Permits any litter to be thrown from a vehicle which he is operating.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Sixty (60) days or to pay a fine not to exceed One Hundred Eighty Dollars ($180.00), or both.

SECTION 2.49 MAINTAINING A PUBLIC NUISANCE

A. A person is guilty of an offense who:

(1) Endangers the health or safety of another; or

(2) Interferes with the enjoyment of property by willfully or negligently permitting a hazardous, unsightly or unhealthy condition to exist on property under his possession or control; or

(3) Knowingly conducts or maintains a premise or place where persons gather for purposes of engaging in unlawful conduct.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

C. In addition to any penalty imposed under Subsection B, the court shall order that the nuisance or condition be abated within a reasonable time.

SECTION 2.50 MISUSING PROPERTY

A. A person who, without proper authority, knowingly uses or damages any property not his own is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Ninety Dollars ($90.00), or both.

SECTION 2.51 NARCOTICS AND DANGEROUS DRUGS

A. A person is guilty of an offense who:

(1) Knowingly possesses, sells, produces, trades, transports, gives away or uses any opium, cocaine, methamphetamine, heroin, or any derivative thereof; or

(2) Knowingly possesses, sells, produces, transports, gives away or uses any controlled substance; or

(3) Knowingly possesses, sells, trades, produces, transports, gives away or uses peyote which is not being used, or intended for use in connection with the bona fide practice of a religious belief, or as an integral part of a religious exercise; or

(4) Knowingly possesses, sells, produces, trades, transports, gives away or uses any vapor-releasing substance containing a toxic substance, including paint, gas or glue or other vapor-releasing toxic substance for the purpose of becoming intoxicated.

B. Subsection A of this Section shall not apply to any transaction, possession, production, transportation, or use for medical purposes, under the prescription or supervision of a person licensed to administer, prescribe, control or dispense the prescribed substances in that Subsection.

C. A person found guilty under Subsection A (1), (2) or (3) may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both; a person found guilty under Subsection A (4) may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00), or both.

SECTION 2.52 PARTICIPATING IN OR ASSISTING A CRIMINAL STREET GANG

A. A person is guilty of an offense who:

(1) Organizes, manages, directs, or supervises a Criminal Street Gang with the intent to promote or further the criminal objectives of the Criminal Street Gang; or

(2) Entices or induces others to engage in violence or intimidation with the intent to promote or further the criminal objectives of a Criminal Street Gang; or

(3) Furnishes advice or direction in the conduct, financing or management of a Criminal Street Gang's affairs with the intent to promote or further the criminal objectives of a Criminal Street Gang; or

(4) Hires, engages or uses a minor for any conduct preparatory to or in completion of any criminal conduct of a Criminal Street Gang; or

(5) Commits any offense with the intent to promote or further the objectives of a Criminal Street Gang.

B. Any person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days for the first offense and for a period not to exceed Three Hundred and Sixty-Five (365) days for any repeated offense, or to pay a fine not to exceed Five Thousand Dollars ($5,000.00), or both such term of imprisonment and payment of fine. Such person shall not be eligible for suspension of sentence, probation, parole or any other release from custody until the sentence imposed by the court is served.

C. For the purposes of this Section, "Criminal Street Gang" means any group of three or more persons which engages in or has its purpose to engage in conduct prohibited by this Code.

D. Evidence concerning indicia of gang membership including gang related

paraphernalia, tattoos, clothing or colors may be submitted into evidence in any case brought under this Section, with proper foundation.

SECTION 2.53 PERJURY

A. A person who knowingly makes a false statement while under oath, or induces another to do so, is guilty of an offense.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Ninety Dollars ($90.00), or both.

SECTION 2.54 POSSESSION, USE OR SALE OF DANGEROUS DRUGS IN DRUG FREE SCHOOL ZONE

A. A person who commits any of the following is guilty of an offense:

(1) To intentionally be present in a drug free school zone to sell marijuana, peyote, prescription-only drugs, dangerous drugs, or narcotic drugs; or

(2) To possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone.

B. A person found guilty under Subsection A(1) of this Section shall be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days, but not less than Ninety (90) days, and to pay a fine not to exceed Five Thousand ($5,000.00) Dollars, or both.

C. A person found guilty under Subsection A(2) of this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed Five Thousand ($5,000.00) Dollars, or both.

SECTION 2.55 POSSESSION OF DRUG PARAPHERNALIA

A. A person who knowingly uses, or possesses with intent to use, drug paraphernalia is guilty of an offense.

(1) "Drug paraphernalia" means and includes all equipment, products and materials of any kind which are used, 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.

SECTION 2.56 POSSESSION OF MARIJUANA

A. A person who knowingly uses, possesses, plants, cultivates, harvests, sells, possesses for sale, trades, or gives away, marijuana is guilty of an offense.

SECTION 2.57 PROSTITUTION

A. A person is guilty of an offense who:

(1) Solicits or practices prostitution; or

(2) Knowingly provides, keeps, rents, leases, or otherwise maintains any place or premises for the purpose of prostitution.

B. "Prostitution" means engaging in, agreeing to, or offering to engage in sexual intercourse or sexual contact for consideration.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.58 PUBLIC INTOXICATION

A. A person is guilty of an offense who appears in a public place while under the influence of alcohol, marijuana, toxic vapors, or any substance, the use or possession of which is prohibited by this Code, and which is not therapeutically administered, to the degree that he may reasonably endanger himself or other persons or property, .

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Sixty (60) days or to pay a fine not to exceed Sixty Dollars ($60.00), or both.

SECTION 2.59 RECEIVING STOLEN PROPERTY

A. A person is guilty of an offense who buys, receives, conceals or aids in concealing any property which he knows or should know has been obtained by theft, extortion, fraud, or other means declared to be unlawful under the provisions of the White Mountain Apache Tribe Law and Order Code .

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00), or both.

SECTION 2.60 REFUSING TO AID AN OFFICER WITH ARREST; FIRES

A. A person is guilty of an offense who willfully refuses to assist a peace officer:

(1) In the lawful arrest of any person; or

(2) In conveying a lawfully arrested person to the nearest place of confinement when such assistance is reasonably requested.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Ninety (90) days or pay a fine not to exceed Ninety Dollars ($90.00), or both.

C. Any able-bodied person residing within the Reservation who shall refuse without good reason to render assistance when summoned by any forest officer, peace officer or other authorized person to suppress forest or range fires or fires threatening the forest or range, within the boundaries of the Reservation is guilty of an offense.

D. Any person found guilty under Subsection C above shall be sentenced to labor or imprisonment for a period of not less than Twenty-Five (25) days and not more than One Hundred (100) days, or to pay a fine not less than Twenty Five Dollars ($25.00) and not more than One Hundred Dollars ($100.00), or any combination thereof.

E. Any able bodied person residing, hunting, fishing, camping, and/or traveling upon the Fort Apache Indian Reservation, who shall refuse without good reason to render assistance when summoned by any forest officer, peace officer or other authorized person to suppress range and forest fires within the boundaries of the Reservation is guilty of an offense.

F. Any person found guilty under Subsection E above shall forfeit or cause to be revoked all rights, privileges, leases and/or permits granted to said person by the White Mountain Apache Tribe.

SECTION 2.61 REMOVAL OR DESTRUCTION OF ANTIQUITIES

A. A person is guilty of an offense who, without proper authority, removes, excavates, injures, or destroys any historic or prehistoric ruin or monument, or any object of antiquity.

SECTION 2.62 SALES OF TOXIC SUBSTANCES TO MINORS

A. Any person is guilty of an offense who sells, permits the sale of, attempts to sell, conspires to sell, trades, gives, or transfers any toxic substance or tobacco product to any person under the age of eighteen (18) years of age.

(1) As used in this Section the term "toxic substance" shall include glue, cement or other substance containing one or more of the following chemical compounds: acetone and acetate, benzene, butyl-alcohol, ethyl-alcohol, menthyl alcohol, methyl ethyl, ketone, pentachlorophenol, petroleum ether, or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or of the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty Days (180) days and to pay a fine not to exceed Five Hundred Dollars ($500.00) or both.

SECTION 2.63 SHOPLIFTING

A. A person is guilty of an offense who willfully takes possession of any good offered for sale by any mercantile establishment, without the consent of the owner or manager, with the intent to convert such goods to his own use without paying for them.

B. A person who willfully conceals or attempts to conceal any goods offered for sale on his or among his belongings, or on the person or among the belongings of another, is presumed to have taken possession of such goods with the intent to convert them to his own without paying for them.

C. A police officer, merchant or merchant's employee who has reasonable cause to believe that a person has willfully taken possession of goods with the intent to convert them without paying for them may detain and interrogate the person in regard thereto in a reasonable manner and for a reasonable time.

D. If a police officer, merchant or merchant's employee detains and interrogates a person pursuant to Subsection C, and the person thereafter brings a civil or criminal action against the police officer, merchant or merchant's employee, based upon the detention or interrogation, such reasonable cause shall be a defense to the action if the detention and interrogation were performed in a reasonable manner and for a reasonable time.

E. A person found guilty under this Section may be sentenced to imprisonment for period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.64 SOLICITATION

A. A person is guilty of solicitation to commit a crime if, with the purpose of promoting or facilitating its commission, he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime.

(1) It is immaterial under this section that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.

(2) It is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

(a) 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 or victim.

(b) The renunciation of one actor does not affect the liability of an accomplice who did not join in such abandonment or prevention.

SECTION 2.65 STALKING

A. A person is guilty of stalking if he intentionally or knowingly engages in conduct directed against another person which would cause a reasonable person to either:

(1) Fear for his own safety or the safety of his immediate family; or

(2) Fear for imminent physical injury or death to his person or his immediate family.

B. "Conduct" under this Section means maintaining visual or physical proximity to a specific person or directing verbal or written threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, not including constitutionally protected activity.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.66 TELEPHONE CALLS

A. A person who commits any of the following is guilty of an offense:

(1) Uses, during a telephone call with the intent to terrify, intimidate, threaten, harass, annoy or offend, any obscene, lewd or profane language to suggest any lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of any person; or

(2) Extorts money or other thing of value from any person, or otherwise disturbs by repeated anonymous telephone calls the peace, quiet, or right of privacy of any person at the place where the telephone call or calls were received.

B. Any offense committed by use of a telephone as set forth in this Section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed Sixty (60) days or to pay a fine not to exceed Two Hundred Fifty Dollars ($250.00), or both.

SECTION 2.67 THEFT

A. A person is guilty of an offense who unlawfully takes or exercises control of property not his 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 for the benefit of himself or another.

SECTION 2.68 THREATENING OR INTIMIDATING

A. A person commits threatening and intimidating if such person threatens or intimidates by word or conduct:

(1) To cause physical injury to another person or serious damage to the property of another; or

(2) With reckless disregard, causes serious public inconvenience including, but not limited to, evacuation of a building, or place of assembly.

B. A person found guilty of Threatening or Intimidating may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both.

SECTION 2.69 UNLAWFUL BURNING

A. A person is guilty of an offense who:

(1) Willfully and unlawfully causes or attempts to cause damage to any property by fire or explosion; or

(2) Negligently causes damage to any property by fire or explosion; or

(3) Sets fire to any forest, brush or grasslands, or sets a campfire, with careless disregard for the spread or escape of such fire.

B. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Twenty (120) days or to pay a fine not to exceed One Hundred Twenty Dollars ($120.00), or both.

SECTION 2.70 UNLAWFUL RESTRAINT

A. A person is guilty of an offense who unlawfully causes the removal, detention or confinement of another person, so as to interfere with the person's liberty.

SECTION 2.71 WEAPONS OFFENSES

A. Possession by minors.

(1) Notwithstanding any other provision of this Code, except as otherwise permitted under the Game and Fish Code, any person under eighteen (18) years of age is guilty of an offense who is found in the possession of a firearm or other dangerous weapon and not under the direct supervision of a parent or legal guardian.

(2) Any person found guilty under this Subsection shall forfeit such firearm or weapon and shall be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to a fine not to exceed Five Hundred Dollars ($500.00), or both such imprisonment and fine, with costs.

B. Possession on school grounds.

(1) A person, except for a peace officer while in the performance of his official duties or any person summoned by a peace officer to assist, is guilty of an offense who enters any public establishment sponsoring a school activity, or school grounds or school building or attends any event while carrying a firearm or other dangerous weapon; or who is otherwise in the possession of a firearm or other dangerous weapon in such establishment or at such events.

(2) Any person found guilty under this Subsection shall be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to pay a fine not to exceed Five Hundred Dollars ($500.00), or both such imprisonment and fine.

C. Possession by persons convicted of crimes of violence.

(1) A person previously convicted for any crime of violence against a person in which a firearm was used, who thereafter possesses any firearm, is guilty of an offense.

(2) Any person found in violation of this Subsection shall be sentenced to imprisonment for a period not to exceed Three Hundred Sixty-Five (365) days or to pay a fine not exceed One Thousand Dollars ($1000.00), or both.

CHAPTER THREE

CRIMINAL EXTRADITION PROCEDURE

[NOTE: Chapter Three is derived from Ordinance No. 168, enacted August 27, 1991]

SECTION 3.1 DEFINITIONS

A. In this procedure, unless the context otherwise requires:

(1) Tribal Chairman: shall be the Chief Executive Officer of the White Mountain Apache Tribe.

(2) Executive Authority: includes the Tribal chairman, or in his absence the Tribal Vice-Chairman, performing the functions of Chief Executive Officer of the White Mountain Apache Tribe.

(3) State: Shall mean any of the United States of America and the political subdivisions thereof.

(4) Commissioned Police Officer: Means any police officer who is commissioned by the White Mountain Apache Tribal Chief of Police to enforce federal, tribal and state laws within the White Mountain Apache Reservation.

(5) Fugitive: Means any enrolled member of the White Mountain Apache Tribe, or any non-member Indian, who is charged with a criminal offense and who has fled from justice and is found within the exterior boundaries of the Fort Apache Indian Reservation.

(6) Warrant of Extradition: Documents issued by any state or another Indian tribe in accordance with this extradition procedure, requesting the deliverance of a fugitive from justice.

(7) Extradition Waiver: Means a voluntary acknowledgment in written form, by the fugitive, that he/she is voluntarily willing to surrender to the demanding jurisdiction and waive this extradition procedure.

(8) Habeas Corpus: Shall mean 25 U.S.C. Section 1303.

SECTION 3.2 FUGITIVES FROM JUSTICE; DUTY OF THE TRIBAL CHAIRMAN

Subject to this procedure, the White Mountain Apache Constitution, the White Mountain Apache Tribal Law and Order Code, and the laws of the United States which are applicable to Indians or Indian Tribes, it is the duty of the Tribal Chairman to insure review and compliance with this extradition procedure and to order the arrest and delivery to the demanding jurisdiction a fugitive charged with a criminal offense who has fled from justice and is found within the exterior boundaries of the Fort Apache Indian Reservation.

SECTION 3.3 FORM OF DEMAND

A. No demand for the extradition of an Indian charged with a crime in a state or another Indian reservation shall be recognized by the Tribal Chairman unless the demand is in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state or Indian reservation having jurisdiction of the crime, or by a copy of a complaint supported by affidavit made before a state magistrate or a Tribal Chief Judge.

B. The indictment, information, or complaint supported by affidavit made before a state magistrate or Tribal chief Judge must substantially charge the person demanded with having committed a crime under the laws of the state or other Indian reservation, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.

SECTION 3.4 TRIBAL CHAIRMAN MAY INVESTIGATE CASE

When demand shall be made upon the Tribal Chairman by the Executive authority of the state or Indian reservation for the surrender of a person so charged with a crime, the Tribal Chairman may call on the White Mountain Apache Tribal Attorney to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he/she ought to be surrendered.

SECTION 3.5 WHAT PAPERS MUST SHOW

A. A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:

(1) The accused was present in the demanding jurisdiction at the time of the commission of the alleged crime, and he/she thereafter fled the demanding jurisdiction;

(2) The accused is now on the Fort Apache Indian Reservation; and

(3) The accused is lawfully charged by indictment or by information filed by a prosecuting officer and supported by affidavit to the facts, or by complaint supported by affidavit made before a state magistrate or Tribal Chief Judge, with having committed a crime under the laws of the demanding jurisdiction or has been convicted of a crime in the demanding jurisdiction and has escaped from confinement or broken parole.

SECTION 3.6 ISSUE OF TRIBAL CHAIRMAN'S WARRANT OF ARREST: ITS RECITAL

If the Tribal Chairman determines that the demand should be complied with, a warrant of arrest shall be signed, which shall be sealed with the Tribal Seal, and be directed to any commissioned police officer for the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue.

SECTION 3.7 MANNER AND PLACE OF EXECUTION

Such warrant shall authorize any commissioned police officer to arrest the accused at any time and any place where the accused may be found on the Fort Apache Indian Reservation, and to deliver the accused, subject to the provisions of this Tribal Extradition Procedure, to the duly authorized agent of the demanding jurisdiction.

SECTION 3.8 AUTHORITY OF ARRESTING OFFICER

Every commissioned police officer shall have the authority to arrest the accused and to command assistance therein as empowered by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

SECTION 3.9 DUTY OF ARRESTING OFFICER; APPLICATION FOR WRIT OF HABEAS CORPUS

No person arrested upon such warrant shall be delivered over to the demanding jurisdiction unless the accused has been informed of the demand made for his/her surrender and of the crime with which he/she is charged. The accused shall further be advised that he/she has the right to obtain counsel and may contest the legality of his/her arrest in accordance with the habeas corpus provisions of the Indian Civil Rights Act, 25 U.S.C. Section 1303. The accused may also waive extradition and voluntarily surrender himself/herself to the demanding jurisdiction. In either case, the accused, as soon as is practical after arrest, shall be taken before the White Mountain Apache Tribal Chief Judge who shall fix a reasonable time for the accused to apply for a writ of habeas corpus or record that the arrestee has waived extradition.

SECTION 3.10COMMITMENT TO AWAIT REQUISITION; BAIL

If from the examination before the Chief Tribal Judge it appears that the person held is the person charged with having committed the crime alleged and that he/she has fled from justice, the Chief Tribal Judge must commit him/her to jail by virtue of the Tribal Chairman's warrant for such a time not exceeding thirty days, as will enable the appointed agent for the demanding jurisdiction to take personal charge of the prisoner, unless the accused gives bail as provided in Section 3.11 or until he/she is legally discharged.

SECTION 3.11 BAIL; IN WHAT CASES; FORFEITURE OF BAIL

The Chief Judge of the Tribal Court may admit the person arrested to bail or bond or undertaking for such time as will allow him/her to apply for a writ of habeas corpus as prescribed herein. If the prisoner is admitted to bail or fails to press his/her writ of habeas corpus within he time allowed, or fails to appear and surrender himself/herself according to the conditions of the bond, the court by proper order shall declare the bond forfeited and order the rearrest of the accused.

SECTION 3.12 IF NO ARREST IS MADE ON TRIBAL CHAIRMAN'S WARRANT BEFORE THE TIME SPECIFIED

If the accused is not arrested under the warrant of the Tribal Chairman by the expiration of the time specified in the warrant, only the Tribal Chairman may extend such time specification.

SECTION 3.13 FUGITIVE UNDER CRIMINAL PROSECUTION BY THE WHITE MOUNTAIN APACHE TRIBE WHEN DEMAND IS MADE

If a criminal prosecution has been instituted against a named fugitive by the White Mountain Apache Tribe, the Tribal Chairman may, in his discretion, either surrender him/her to the demand jurisdiction or hold the fugitive until he/she has been tried and discharged or convicted and punished on the Fort Apache Indian Reservation.

SECTION 3.14 TRIBAL CHAIRMAN MAY RECALL WARRANT OR ISSUE ALIAS

The Tribal Chairman may recall his warrant of arrest or may issue another warrant whenever he deems proper.

SECTION 3.15 APPLICATION FOR ISSUANCE OF REQUISITION; BY WHOM MADE; CONTENTS

When the return to the Fort Apache Indian Reservation of a person charged with crime on the reservation is required, the Tribal Attorney shall present to the Tribal Chairman his written application for the requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him/her and the state or other Indian Reservation in which he/she is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the Tribal Attorney, the ends of justice require the arrest and return of the accused to the reservation for trial and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit and shall be accompanied by a certified copy of the complaint made to the Tribal Judge stating the offense with which the accused is charged. The Tribal Attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application.

SECTION 3.16 WRITTEN WAIVER OF EXTRADITION PROCEEDINGS; PRIOR WAIVER

A. Any person arrested on the Fort Apache Indian Reservation who is charged with having committed a crime in another state or another Indian reservation or alleged to have escaped from confinement or broken the terms of his/her bail, probation or parole may waive the issuance and service of the warrant provided for herein and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of the Chief Tribal Judge a writing which states that he/she consents to return to the demanding jurisdiction, except that before the waiver is executed or subscribed to by the person it is the duty of the Chief Tribal Judge to inform the person of his/her right to the issuance or service of a warrant of extradition, the right to contest extradition by habeas corpus as provided for in 25 U.S.C. Section 1303, and the right to bail as provided in Section 3.11.

B. If the consent is duly executed, the Chief Tribal Judge shall direct the officer who has custody of the person to deliver the person promptly to the accredited agents or agents of the demanding jurisdiction and to deliver or cause to be delivered to the agent or agents a copy of the consent.

C. Notwithstanding subsection A of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or any other release shall immediately deliver the person to the duly authorized agent of the demanding jurisdiction without the requirement of a Tribal Chairman's warrant if the following apply:

(1) The person signed a prior waiver of extradition as a term of his/her current probation, parole, bail or other release in the demanding jurisdiction.

(2) The law enforcement agency holding the person has received both of the following:

(a) An authenticated copy of the prior waiver of extradition signed by the person; and

(b) A photograph and fingerprints properly identifying the person as the person who signed the waiver.

[NOTE: Sections 3.17 through Section 3.20 are derived from Ordinance No. 201, enacted August 2, 1995]

SECTION 3.17 CLOSE PURSUIT; DEFINITIONS

In this Chapter, unless the context otherwise requires:

(1) "Close pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay, and includes:

(a) Close pursuit as defined by the common law.

(b) Pursuit of a person who has committed a criminal offense, or who is reasonably suspected of having committed a criminal offense.

(c) Pursuit of a person suspected of having committed a supposed criminal offense, though no criminal offense has actually been committed, if there is reasonable grounds for believing that a criminal offense has been committed.

(2) "Criminal Offense" means any misdemeanor, felony, petty offense or other criminal act.

(3) "Fort Apache Indian Reservation" or "Reservation" includes all lands within the exterior boundaries of the Fort Apache Indian Reservation as defined in the Constitution of the White Mountain Apache Tribe, Artic