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A. Homicide is murder in the second degree in the following cases:

1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or

2. When perpetrated by a person engaged in the commission of any crime other than the unlawful acts set out in Section 2-113.

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

C. Any person convicted of committing the criminal offense of murder in the second 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.