§ 2-163. Battery with a dangerous weapon.
A. Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any battery upon the person of another, including an unborn child, with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any crime, upon conviction is guilty of the crime battery with a dangerous weapon.
B. Any person convicted of committing the criminal offense of battery with a dangerous weapon shall be guilty of a crime punishable by imprisonment in the Tribal Jail not exceeding three years, by a fine not exceeding 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.
C. The provisions of this section shall not apply to:
1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or
2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
D. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child. ONCA 22-33, eff. Apr. 25, 2022.