Neglecting A Child
Neglect of a Child is defined as the failure to provide adequate care to a child, failure to protect the child from certain activities, or abandonment. Adequate care constitutes nurturance, affection, food, clothing, shelter, sanitation, hygiene, and appropriate education, medical care, supervision and appropriate caretakers, and any special care that the child might physically or mentally need. A failure to protect the child means exposing them to the use, possession, sale, or manufacture of illegal drugs, illegal activities, or sexual acts or materials that are not age appropriate. Abandonment means not returning or failing to maintain a relationship with the child.
Oklahoma Statute
The statute for Neglect of a Child is OKLA. STAT. tit. 21 § 843.5, which states that “Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “child neglect” means the willful or malicious neglect of a child under eighteen (18) years of age by another. ”
Elements of the Crime
In order to be convicted of Neglect of a Child in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING:
1) a person responsible for the child’s health, safety, or welfare;
2) willfully or maliciously;
3) failed or omitted to provide;
4) adequate care or supervision;
5) for a child under the age of 18.
OR
1) a person responsible for the child’s health, safety, or welfare;
2) willfully or maliciously;
3) failed or omitted to protect;
4) a child under the age of 18 from exposure to;
5) the use, possession, sale, manufacture of illegal drugs, or illegal activities, or sexual acts or materials that are not age appropriate.
OR
1) a person responsible for the child’s health, safety, or welfare;
2) willfully or maliciously;
3) abandoned;
4) a child under the age of 18.
Oklahoma Jury Instruction #4-35.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Child Neglect in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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