26.10.010 Homicide in the First Degree

Any person who commits any of the following shall be guilty of homicide in the first degree and shall be sentenced to a Class [5] offense:

(a) Causes the death of another human being with premeditation and intent to effect the death of the person or of another;

(b) Causes the death of a human being while committing or attempting to commit a criminal sexual act in with force or violence, either upon or involving the person or another;

(c) Causes the death of a human being with intent to cause the death of the person or another, while committing or attempting to aggravated robbery, burglary, kidnapping, drive-by shooting, tampering with a witness,, arson, or escape from custody;

(d) Causes the death of a peace officer, prosecuting attorney, prosecuting attorney, judge or correctional officer either employed by the Turtle Mountain Tribe or the Bureau of Indian Affairs, with intent to cause the death of that person or another, whether the person is engaged in the performance of official duties or off duty;

(e) Causes the death of a juvenile while committing child abuse, when the offender has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;

(f) Causes the death of a human being while committing domestic violence, when the offender has engaged in a past pattern of domestic violence upon the victim or upon another family or household member and the death occurs under circumstances establishing an extreme indifference to human life; or

(g) Causes the death of a human being while committing, conspiring to commit, or attempting to commit a Class [5] five crime to further terrorism and the death occurs under circumstances establishing an extreme indifference to human life.