Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 ยงยง 10-1-2 | 2021
A. &ldquoChild pornography&rdquo means any visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct depicting a minor engaging in obscene and sexually explicit conduct or an image that is, or appears to be, of a minor engaging in obscene and sexually explicit conduct and such depiction lacks serious literary, artistic, political, or scientific value.
B. &ldquoConsent&rdquo means the knowing and voluntary agreement of two or more individuals, each of whom is sixteen (16) years of age or older and otherwise capable of understanding the nature and consequences of such agreement, to commit some act.
C. &ldquoConspiracy&rdquo means a secret agreement, plan, or plot of two or more Persons to perform together some act that would if committed, constitute an offense pursuant to this Code.
D. &ldquoCrime&rdquo means an act or omission forbidden by law and for which, upon conviction, a sentence of imprisonment or a fine is authorized.
E. &ldquoEnticement&rdquo means the act of enticing, seducing, luring, or attempting to persuade another Person to enter any vehicle, building, room, or other secluded place with the intent of committing a sex offense.
F. &ldquoFalse imprisonment&rdquo means the act of intentionally confining or restraining of another Person without the victim&rsquos consent and with knowledge that he or she has no lawful authority to do so.
G. &ldquoForce&rdquo means the use of physical force or violence or the use of threats, including threats to use physical force or violence against the victim or another when the victim believes that there is an ability to execute such threats.
H. &ldquoIndecent exposure&rdquo means the intentional exposure of portions of the body or of the whole body, especially of the genitals, in a public place in a way considered offensive to others and in order to satisfy a sexual urge.
I. &ldquoInterstate&rdquo refers to travel through or from one state jurisdiction to that of another state, from a tribal jurisdiction to that of a state, or from a state jurisdiction to that of a tribe.
J. &ldquoKidnapping&rdquo means the unlawful taking, restraining, transporting, or confining of another by force, intimidation or deception with the intent that the victim be held for ransom, as a hostage or shield or forced into labor or service or to inflict death, physical injury, or a sex offense upon the victim.
K. &ldquoMinor&rdquo means any person under the age of eighteen (18) years of age.
L. &ldquoPerson&rdquo means any individual over the age of eighteen (18) years over whom the Tribe has criminal jurisdiction
M. &ldquoPossession&rdquo means the act of having or taking into one&rsquos control.
N. &ldquoProstitution&rdquo means the knowing offer or commission of an exchange of sexual conduct for money or other valuable consideration.
O. &ldquoRape&rdquo means a sexual act with another by force or threat and without the consent of the victim or a sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate.
P. &ldquoReceipt&rdquo means to actually receive, come into possession of, or physically acquire some tangible object.
Q. &ldquoSexual conduct&rdquo means any act of masturbation, sexual intercourse, sexual contact, indecent exposure, or other act meant to satisfy sexual urges.
R. &ldquoSexual contact&rdquo means the unlawful and intentional touching or applying pressure to the intimate body parts or the unlawful and intentional causing of another person to touch one&rsquos own intimate body parts, whether such contact is direct or over the clothing.
S. &ldquoSex offense&rdquo means an act which involves sexual conduct or sexual contact and constitutes an offense pursuant to Chapter 10, Sections 7 or 8 of this Code.
T. &ldquoSexual performance&rdquo means any play, motion picture, photograph, dance or other visual representation that involves sexual conduct exhibited before an audience.
U. &ldquoSolicitation&rdquo means the act of offering money or something else of value in order to incite or induce another to commit a crime with the specific intent that the person solicited commit the crime. In the case of minor, solicitation shall include any direction, request, enticement, persuasion or encouragement of a minor to commit or participate in an act that constitutes a crime with the specific intent that the minor commit or participate in such act.
V. &ldquoThreat&rdquo means a statement or action indicating that a person intends to inflict physical violence and bodily harm on another person where that other person has reason to believe such statement or action is imminent and possible.
W. &ldquoTribal jail&rdquo. In this Chapter and throughout the entirety of the Tribal Code, &ldquoTribal Jail,&rdquo &ldquoTribal jail&rdquo or &ldquotribal jail&rdquo means any detention or correctional facility in which the Mescalero Apache Tribal Court, or Reservation Law Enforcement, detains or incarcerates or causes to be detained or incarcerated individuals under its jurisdiction.
X. &ldquoVideo voyeurism&rdquo means intentionally using a video camcorder, camera, webcam, or other device capable of taking video, film, webcast, or other visual record whether for live broadcast or later viewing, to view the intimate parts of another Person&rsquos body without the knowledge and consent of such other Person under circumstances where that person has a reasonable expectation of privacy, whether in a public or private place.