Child Endangerment

Client Review

Worked diligently on my daughter's behalf. Would highly recommend. - Leesa Thompson


Child Endangerment is defined as an act or failure to perform an act that puts a child’s safety in danger.  Child Endangerment charges often stem from a child being injured and the prosecution or police claiming that the parent or guardian did not exercise the care they were obligated to provide. Child Endangerment charges are very difficult to fight; however, our firm has had success showing clients were not responsible for accidents that caused harm to children.

Oklahoma Statute

The statute for Child Endangerment is OKLA. STAT. tit. 21 § 852.1, which states that “A person who is the parent, guardian, or person having custody or control over a child commits child endangerment when the person: (1) Knowingly permits physical or sexual abuse of a child; (2) Knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes; (3) Knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance; or (4) is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children. However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the physical or sexual abuse or deny permission for the child to be in the vehicle with an intoxicated person would result in substantial bodily harm to the person or the child."

Elements of the Crime

In order to be convicted of Child Endangerment 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 parent or guardian of a child under 18 years old;

2) knowingly;

3) permitted;

4) physical or sexual abuse; and

5) of the child

OR

1) a parent or guardian of a child under18 years;

2) knowingly;

3) permitted; and

4) the child to be present in a place where a controlled dangerous substance was being manufactured or was attempted to be manufactured

OR

1) a parent or guardian of a child under 18;

2) knowingly;

3) permitted;

4) the child to be present in a vehicle operated by a person who was impaired by or under the influence of alcohol; and

5) and the parent or guardian of the child knew or reasonably should have known that the operator of the vehicle was impaired by or under the influence of alcohol

OR

1) a parent or guardian of a child under 18;

2) was the driver or operator;

3) who was under the influence of alcohol or an intoxicating substance; and

4) while transporting the child or having the child in the vehicle

Oklahoma Jury Instruction #4-40B.

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

Being charged with Child Endangerment 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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