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A. A battery becomes aggravated when committed under any of the following circumstances:

1. When great bodily injury is inflicted upon the person battered; or

2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.

B. Any person convicted of committing the criminal offense of aggravated battery 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. ONCA 22-33, eff. Apr. 25, 2022.