Enabling Child Abuse

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Enabling Child Abuse has a few different definitions. But essentially it calls for a person allowing a child to be cared for by another person, who they reasonably know would abuse the child. The difference between enabling child abuse and child abuse is the “causing, procuring, or permitting” of the intentional harm on the child.

It can be actual harm, threatened harm, or a person’s failure to protect the child from the harm. A person who causes child abuse would be charged as guilty of conducting the child abuse, but a person who has permitted child abuse may not necessarily be guilty of child abuse.

Oklahoma Statute

The statute for Enabling Child Abuse is OKLA. STAT. tit. 21 § 843.5, which states “Any parent or other person who shall willfully or maliciously engage in enabling child abuse 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, “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 (18) years of age by another. As used in this subsection, “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 abuse as proscribed by this subsection.”

Furthermore: “Any parent or other person who shall willfully or maliciously engage in enabling 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, “enabling child neglect” means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, “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 neglect as proscribed by this subsection.”

Elements of a Crime

In order to be convicted of Enabling 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 ONE OF THE FOLLOWING:

1) a person willfully or maliciously caused or procured;

2) a willful or malicious act of harm or threat of harm;

3) to the health, safety, or welfare;

4) of a child under the age of 18

5) by another person

OR

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

2) Willfully or maliciously permitted;

3) a willful or malicious act of harm or threatened harm;

4) to the health, safety, or welfare;

5) of a child under the age of 18;

6) by another person.

OR

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

2) willfully or maliciously permitted another;

3) to willfully or maliciously;

4) fail to protect from harm or threatened harm to the health, safety, or welfare;

5) of a child under the age of 18

OR

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

2) willfully or maliciously caused or precured another;

3) to willfully or maliciously fail to protect from harm or threatened harm to the health, safety, or welfare;

4) of a child under the age of 18

Oklahoma Jury Instruction #4-36.

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

Being charged with Enabling 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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