8-8-2. PUNITIVE DAMAGES IN DISCRETION OF JURY OR TRIBAL COURT.

In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful and wonton misconduct, in disregard of humanity, the jury or trial court in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.