Statutes | Navajo Nation Code Title 17 ยง 380 | 2018
A. Offense. A person commits criminal damage if he or she intentionally or recklessly:
1. Defaces or damages tangible property of another person;
2. Tampers with tangible property of another person so as to substantially impair its function or value;
3. Tampers with the tangible property of a utility;
4. Defaces or damages tangible property of the Navajo Nation, of a political campaign or any public property.
B. Sentence.
1. The trial court shall review all charges to ascertain whether there is a personal victim of the offense(s) and whether restitution or nályééh shall be paid to the victim(s).
2. The trial court may utilize the services of the Navajo
Peacemaker Court to determine nályééh and make a sentencing recommendation regarding that sentence, and the trial court may require the defendant to pay the fee of the peacemaker.
3. The trial court may consider the imposition of a peace or security bond upon the defendant, including the pledges of family or clan sureties.
4. Upon the imposition of a bond or security pledges, the district Office of Probation and Parole shall counsel the sureties of the consequences of breach of the bond or pledge.
5. The trial court shall consider the utility of labor or community service sentences, under the supervision of the Navajo Nation Department of Public Safety or a public or private organization, including the chapter in which the defendant resides.
History
CJA–08–00, January 27, 2000. Generally amended the Navajo Nation Criminal Code.
CS–68–82, September 28, 1982.
CN–71–77, November 10, 1977.