26.10.020 Homicide in the Second Degree

Any person who commits any of the following shall be guilty of Class [5] five offense.

(a) Causes the death of a human being, without intent to affect the death of any person, while committing or attempting to commit a criminal sexual act with force or violence or a drive-by shooting; or Class [5] five offense.

(b) Causes the death of a human being without intent to affect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim,

(1) when the offender is restrained under an order for protection and the victim is the person designated to receive protection. As used in this clause, "order for protection" includes an order for protection issued under Chapter 37;

(2) a harassment restraining order issued in a court order;

(3) a court order setting conditions of a conditional release;

(4) a restraining order in a marriage dissolution action;

(5) and any ordered issued by another state that is similar to any of the above orders.