§ 2-120. Manslaughter in the first degree.
A. Homicide is manslaughter in the first degree in the following cases:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a crime;
2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide; or
3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
B. Any person who commits manslaughter in the first degree, as defined herein, shall be guilty of committing the criminal offense of manslaughter in the first degree.
C. Any person convicted of committing the criminal offense of manslaughter in the first degree shall be guilty of a crime punishable by imprisonment in the Tribal Jail not exceeding three years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), by banishment for a period not less than three years nor more than twenty (20) years, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.