Note: this is not the entire Chapter 6 Criminal Code; you will only see codes pertaining to General Information, Offenses Against Persons and Sexual Offenses.
For more information in reviewing the Fort McDowell Tribal Code please contact the Prosecutors Office at 480-789-7670.
Sec. 6-1. ELIGIBLE AGE FOR COURT JURISDICTION.
The Fort McDowell Tribal Court shall have no jurisdiction to try any person under the age of eighteen (18) years as an adult, unless the juvenile court finds that the interests of the Nation or of the juvenile in question would be served better if a juvenile sixteen (16) years of age or older were tried as an adult.
Sec. 6-2. CLASSIFICATION OF CRIMES; SENTENCING RANGES.
The particular classification of each offense in the Fort McDowell Criminal Code is expressly designated in the subsection defining it.
For purposes of penalty, offenses are designated as Class I, Class II, Class III, Class IV or Class V.
The following are presumptive sentencing ranges for terms of incarceration for each class of offense. When sentencing an offender the Court shall impose a term of incarceration within the minimum and maximum terms of incarceration for each class of offense. Except to the extent that a provision of this Code specifically prohibits suspension, the court may suspend imposition of all or a portion of a sentence of incarceration.
Class I – A Class I offense shall carry a minimum term of incarceration of six months (180 days) and a maximum term of one year (365 days). In addition to the term of incarceration, a person convicted of a Class I offense may also be required to pay a fine of not more than $5,000.00.
Class II – A Class II offense shall carry a minimum term of incarceration of three months (90 days) and a maximum term of incarceration of nine months (270 days). In addition to a term of incarceration, a person convicted of a Class II offense may also be required to pay a fine of not more than $3,000.00.
Class III – A Class III offense shall carry a minimum term of incarceration of sixty (60) days and a maximum term of incarceration of six months (180 days). In addition to a term of incarceration, a person guilty of a Class III offense may also be required to pay a fine of not more than $1,000.00.
Class IV – A Class IV offense shall carry a minimum term of incarceration of not less than thirty (30) days and a maximum term of incarceration of three months (90 days). In addition to a term of incarceration, a person guilty of a Class IV offense may also be required to pay a fine of not more than $750.00.
Class V – A Class V offense shall carry a maximum term of incarceration of thirty (30) days. In addition to a term of incarceration, a person guilty of a Class V offense may also be required to pay a fine of not more than $500.00.
Sec. 6-3. DEFINITIONS.
In this chapter, unless the context otherwise requires:
“Court” means any tribal judge, judge pro tempore, administrative judge or Supreme Court justice or any other person acting in those capacities under authority of the Nation or the Tribal Council of the Nation.
“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.
“Establishment” means business of any type in any location including but not limited to: store, booth, table or kiosk.
“Firearm” means any loaded or unloaded handgun, pistol, revolver, rifle,
shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition.
“Intentionally” or “with the intent to” means, with respect to result or to conduct described by a provision of this chapter defining an offense, that a person’s objective is to cause that result or to engage in the conduct.
“Knowingly” means, with respect to conduct or to a circumstance described by a provision of this chapter defining an offense that a person is aware or believes that his or her conduct is of a nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
“Law Enforcement Officer or Official” means, a person acting in his or her official capacity as an employee of a law enforcement agency.
“Minor” means, for the purpose of this Chapter, age eighteen years of age unless a specific offense provision of this Chapter defines it differently.
“Nation’s Officer or Official” means, a person acting in his or her official capacity in an elected or appointed position of the Nation.
“Negligently” means, with respect to conduct or to a circumstance described by a provision of this chapter defining an offense that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the 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.
“Physical injury” means the impairment of physical condition.
“Reasonable” means that that degree of care which a person or ordinary prudence would exercise in the same or similar circumstances to avoid a foreseeable harm to another or oneself.
“Recklessly” means, with respect to a result or to a circumstance described by a provision of the chapter defining an offense that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.
“Restrain” means to confine or to hold back from acting, proceeding or moving.
“Serious physical injury” includes physical injury that creates a reasonable risk of death, or which causes serious or permanent disfigurement, or serious impairment of health or loss, break or impairment of the function of any bodily organ, limb or body part.
“Voluntary Intoxication” means intoxication resulting from the voluntary ingestion, consumption, inhalation, or injection of alcohol, an illegal or controlled substance prohibited under Article 6 of this Code, other psychoactive substances or the abuse of prescription medications is not a defense for any criminal act or requisite state of mind and does not constitute insanity.
“Willfully” means, with respect to a result, to conduct or to a circumstance described by a provision of this chapter defining an offense that a person’s objective is to cause that result or circumstance or to voluntarily engage in the conduct, without justifiable excuse.
Sec. 6-35. ASSAULT.
A. A person commits assault by:
another person; or,
Assault is a Class II offense
Sec. 6-36. AGGRAVATED ASSAULT.
A. A person commits aggravated assault if such person commits assault as defined in Sec. 6-51 under any of the following circumstances:
B. Aggravated Assault is a Class I offense. Any person convicted pursuant to subsection (d) shall be sentenced to a mandatory minimum jail sentence of ten (10) days that shall not be suspended by the court, in addition to any other sentence.
Sec. 6-38. THREATENING OR INTIMIDATING.
Threatening or intimidating is a Class II offense.
Sec. 6-39. HOMICIDE.
Sec. 6-40 HARASSMENT.
Sec. 6-41. USE OF TELEPHONE TO COMMIT OFFENSE.
Sec. 6-42 STALKING.
Sec. 6-55. DEFINITIONS.
In this chapter, unless the context otherwise requires:
(a) “Minor” means any person who has not attained the age of eighteen (18) years.
(b) “Oral sexual contact” means oral contact with the penis, vulva, anus or female breast.
(c) “Prostitution” means engaging in and/or agreeing or offering to engage in sexual contact or intercourse with another person in exchange for money, goods or services with that person or any other person.
(d) “Sexual contact” means any direct or indirect fondling or manipulating of, or contact with any part of the genitals, anus or female breast.
(e) “Sexual intercourse” means penetration by the penis, or into the vulva or anus by any part of the body or by any object, or manual masturbatory contact with penis or vulva.
(f) “Without consent” includes any of the following:
Sec. 6-57. SEXUAL ASSAULT.
Sec. 6-58. SEXUAL ASSAULT OF A MINOR.
1. knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with a minor 15 years of age or younger, or
2. knowingly or intentionally engaging in sexual contact with a minor fifteen (15) years of age or older not their lawful spouse and without consent, or
3. knowingly or intentionally engaging in oral sexual contact or sexual intercourse with any person not his spouse who is under the age of eighteen (18) years, or
4. knowingly causing a minor fifteen (15) years or younger to directly or indirectly fondle or manipulate any part of the genitals, anus or female breasts of such person or another.
Revised Law and Order Code of the Fort McDowell Yavapai Nation, Arizona
Adopted by Resolution No. Ft. McD 2005-72, effective July 1, 2005.