A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being.

B. A person also commits the crime of murder in the first degree, regardless of malice aforethought, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.

C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure, or permit any of said acts to be done upon the child. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing, or dispensing controlled dangerous substances, as defined in this Code, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.

E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer while the officer is in the performance of official duties.

F. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall not be entitled to or afforded the benefit of deferment of the sentence.

G. Any person who commits murder in the first degree, as defined herein, shall be guilty of committing the criminal offense of murder in the first degree.

H. Any person convicted of committing the criminal offense of murder in the first degree shall be punished by imprisonment in the Tribal Jail not to exceed three years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than five years nor more than life, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.