10-1-10. PENALTIES

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-10

If, for any reason, a penalty has not been prescribed, or such prescription is void, then such crime shall have a penalty of labor or imprisonment for a period not to exceed ninety (90) days or a fine not to exceed Two Hundred Fifty Dollars ($250.00), or both in appropriate cases.

10-1-9. SENTENCES

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-9

All sentences imposed in this chapter 10 shall be for a period of time of labor and imprisonment in the Tribal Jail or for a monetary fine, or both.

10-1-8. DISOBEDIENCE TO LAWFUL ORDERS OF COURT

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-8

Any person who shall willfully disobey any Order, Subpoena, Warrant or Command duly issued, made or given by the Mescalero Apache Tribal Court, shall be deemed guilty of an offense, and upon conviction thereof, shall be sentenced to labor or imprisonment for a period not to exceed one hundred...

10-1-7. TESTIMONY OF SPOUSE IN CRIMINAL PROCEEDING

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-7

The husband or wife of a defendant in any criminal investigation, proceeding, preliminary hearing or trial is a competent witness to testify in favor of, but not against, such defendant provided, that if willing, the husband or wife of a defendant may testify against the defendant without the...

10-1-3. LIMITATIONS OF ACTIONS

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-3

No complaint shall be filed charging the commission of an offense unless such an offense shall have been committed within one (1) year immediately prior to the filing of the Complaint unless the complainant first gains or should have gained knowledge of such an offense within a period of one (1)...

10-1-2. DEFINITIONS

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-2

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...

10-1-1. APPLICATION

Statutes | Mescalero Apache Tribal Code Chapter 10 Section 1 §§ 10-1-1

A. A crime is deemed to have been committed before the effective date of this chapter if any of the essential elements of the crime occurred before that date.   B. Prosecution for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were...

R671-314-1. Rule.

Administrative Code Provisions | U.A.C. R671-314-1

(1) The Board shall consider a compassionate release when specified exceptional circumstances exist.(2) A compassionate release request submitted on behalf of an offender does not limit or preclude other requests for special attention or redetermination consideration.(3) Compassionate release...

R671-313-5. Commutation Hearing.

Administrative Code Provisions | U.A.C. R671-313-5

(1) Pursuant to Utah Constitution, Art. VII, Section 12, and Utah Code Ann., Section 77-27-5, a commutation hearing must be held before the full Board. (2) Notice of the commutation hearing shall be sent to the victim of, and the police agency which investigated the offenses for which...

R671-313-3. Petition Requirements.

Administrative Code Provisions | U.A.C. R671-313-3

(1) (a) The commutation petition shall be signed under oath. If the petitioner is not the subject of the petition, the subject of the petition shall also sign the petition. (b) If the petitioner is represented by counsel, the petitioners counsel shall also sign the petition. (c) If...