Child Abuse

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Child Abuse is defined as harming a minor’s health, safety, or welfare by acts of violence (such as torture or maiming), sexual abuse (such as rape, incest, or indecent acts), child exploitation, neglect, the enabling of child abuse, or the permitting of child abuse.

Oklahoma Statute

The statute for Child Abuse is OKLA. STAT. tit. 21 § 843.5, which states that "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen years old by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen years old by another. "Enabling child abuse" means the causing, procuring or permitting of a willful or malicious act of harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen years old by another. To "permit" child abuse means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse.

"Child neglect" means the willful or malicious neglect, and permitting child neglect means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.

"Child sexual abuse" means the willful or malicious sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under eighteen years old by another. “Permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse.

"Child sexual exploitation" means the willful or malicious sexual exploitation, which includes but is not limited to allowing, permitting, or encouraging a child under eighteen years old to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under eighteen years old by another. "Enabling child sexual exploitation" means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, which includes but is not limited to allowing, permitting, or encouraging a child under eighteen years old to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under eighteen years old by another. "Permitting child exploitation" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.

Elements of the Crime

In order to be convicted of Child Abuse 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 either:

1) a person willfully or maliciously

2) harmed or threatened harm to the health, safety, or welfare,

3) of a child under the age of eighteen

OR

1) a person responsible for a child’s health, safety, or welfare;

2) willfully or maliciously;

3) failed to protect from harm or threatened harm to the health, safety, or welfare

4) of a child under the age of eighteen.

Oklahoma Jury Instruction #4-35.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Child Abuse 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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