A. It shall be unlawful to harm any person by any unlawful act in retaliation for anything lawfully done by another person in his capacity as a public servant.

B. Retaliation for past official action shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed one year; or by banishment for not less than five years nor more than ten (10) years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten (10) years nor more than life.