1. A person is guilty of criminal use of disabling chemicals if that person intentionally sprays or otherwise uses upon any other person chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is designed to have a disabling effect upon human beings.
2. Criminal use of disabling chemicals is a Class D crime.
3. This section shall not apply to the use of those disabling chemicals when that use is for the purpose of:
A. Defending a person under section 108; [PL 1979, c. 55 (NEW).]
B. Defending premises under section 104; or [PL 1979, c. 55 (NEW).]
C. Retaking property, preventing that taking or preventing criminal mischief under section 105; [PL 1979, c. 55 (NEW).]
as authorized for the use of nondeadly force.