A. Any person who commits battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined in Section 2-101 of this chapter, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic assault.

B. A person convicted of committing the criminal offense of domestic battery is guilty of a crime punishable by imprisonment in the Tribal Jail for not more than three years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), by banishment for a period not less than five years nor more than life, or any combination of the above.

C. Upon conviction for a second or subsequent offense, the person shall be punished by mandatory imprisonment in the custody of the Tribal Jail for not less than two years and not exceeding three years. In addition, the offender may be ordered to pay a fine not exceeding Fifteen Thousand Dollars ($15,000.00) or banished for a period not less than five years nor more than life, or both. ONCA 22-33, eff. Apr. 25, 2022.