Statutes | Hopi Criminal Code Title III Chapter 1 ยง 3.1.10 | 2020
In this Code, unless the context or subject matter otherwise requires:
2. &ldquoAct&rdquo means a bodily movement.
3. &ldquoAdult&rdquo means any individual eighteen years of age or older.
4. &ldquoAlcohol,&rdquo &ldquoAlcoholic beverages,&rdquo &ldquoSpirituous liquor,&rdquo or &ldquoDistilled Spirits,&rdquo include alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume.
5. &ldquoBenefit&rdquo means anything of value or advantage, present or prospective.
6. &ldquoCalendar year&rdquo means three hundred and sixty five days actual. 7
. &ldquoConduct&rdquo means an act or omission and its accompanying culpable mental state.
8. &ldquoCrime&rdquo means a minor offense, offense, serious offense or dangerous offense.
9. &ldquoControlled Substance&rdquo means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V listed in 21 U.S.C. § 812, and also including future amendments to schedules I through V as may be enacted by the U.S. Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. § 811 or a dangerous drug or narcotic drug.
10. &ldquoDangerous instrument&rdquo means anything that, under the circumstances in which it is used, attempted to be used or threatened to be used, is capable of causing death or serious physical injury.
11. &ldquoDeadly weapon&rdquo means anything designed for lethal use, including a firearm.
12. &ldquoDeadly physical force&rdquo means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.
13. &ldquoDelinquency&rdquo means any act that would injure the morals, health or welfare of a child or that promotes the commission of any act by a minor that would be a public offense and a violation of law if committed by an adult.
14. &ldquoDetention&rdquo means temporary care in physically restricting facilities.
15. &ldquoEconomic loss&rdquo means any loss incurred by a person as a result of the commission of an offense. Economic loss includes lost interest, lost earnings and other losses that would not have been incurred but for the offense. Economic loss does not include damages for pain and suffering, punitive damages or consequential damages.
16. &ldquoEnterprise&rdquo includes any corporation, association, labor union or other legal entity.
17. &ldquoFirearm&rdquo 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.
18. &ldquoGovernment&rdquo means the Hopi Tribe, any political subdivision of the Tribe or any department, agency, board, commission, institution or governmental instrumentality of or within the Tribe or political subdivision.
19. &ldquoGovernment function&rdquo means any activity that a public servant is legally authorized to undertake on behalf of a government.
20. &ldquoIndian&rdquo for the purposes of this Code is any person who is an enrolled member of any Federally recognized tribe or who has Indian blood and is regarded as an Indian by the society of Indians among whom he lives.
21. &ldquoMarijuana&rdquo means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant
22. &ldquoMinor&rdquo means any individual under the age of eighteen.
23. &ldquoOffense&rdquo or &ldquopublic offense&rdquo means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state or tribe in which it occurred or by any law, regulation or ordinance of a political subdivision of that state or tribe and, if the act occurred in a state or reservation other than this tribe, it would be so punishable under the laws, regulations or ordinances of this tribe or of a political subdivision of this tribe if the act had occurred in the Territory.
24. &ldquoOmission&rdquo means the failure to perform an act as to which a duty of performance is imposed by law.
25. &ldquoOral sexual acts&rdquo means oral contact with the penis, vulva or anus.
26. &ldquoPeace officer&rdquo means any person vested by law with a duty to maintain public order and make arrests and includes a police officer.
27. &ldquoPerson&rdquo means, a human being, and as the context requires, an individual, corporation, company, partnership, association, trust, firm, a society, tribal enterprise, government, governmental agency or any other entity capable of holding a legal or beneficial interest in property.
28. &ldquoPhysical force&rdquo means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force.
29. &ldquoPhysical injury&rdquo means any impairment of the physical condition.
30. &ldquoPossess&rdquo means knowingly to have physical possession or exercise dominion or control over property. 31. &ldquoPossession&rdquo means a voluntary act if the defendant knowingly exercised dominion or control over property. 32. &ldquoProperty&rdquo means anything of value, tangible or intangible. 3
3. &ldquoPublic servant&rdquo:
2. means any officer or employee of any branch of government, whether elected, appointed or otherwise employed, including a peace officer, and any person participating as an advisor or consultant or otherwise in performing a governmental function
3. does not include jurors or witnesses
4. includes those who have been elected, appointed, employed or designated to become a public servant although not yet occupying that position.
34. &ldquoSerious physical injury&rdquo includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
35. "Sexual acts" means penetration, however slight, into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
36. "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 with the intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person..
37. &ldquoSupport&rdquo means necessary food, shelter, clothing, medical attention, and any court-ordered financial compensation.
38. &ldquoTerritory&rdquo means all lands held in trust for, or owned by the Tribe, or held by the United States for the benefit of the Tribe or the people, including any rights of way existing now or in the future.
39. &ldquoUnlawful&rdquo means contrary to law, or as the context requires, not permitted by law.
40. &ldquoVehicle&rdquo means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
41. &ldquoVoluntary act&rdquo means a bodily movement performed consciously and as a result of effort and determination.
42. &ldquoVoluntary intoxication&rdquo means intoxication caused by the knowing use of drugs, toxic vapors or alcoholic beverages by a person, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to an offense.