Abuse By A Caretaker
Abuse by a Caretaker requires a “Caretaker” defined below to Abuse (defined below) a person entrusted to their care. Abuse in this context takes multiple forms, including financial neglect, neglect, sexual abuse, or exploitation.
A “Vulnerable Person” is an incapacitated person or an individual who, because of physical or mental disability, including persons with Alzheimer’s disease or other dementias, incapacity or other disability, is substantially impaired in his/her ability to provide adequately for his/her own care or custody, or is unable to manage his/her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself/herself from abuse, verbal abuse, neglect, or exploitation without assistance from others.
A “Caretaker” is someone who has the responsibility for the care of a vulnerable adult, financial management of the resources of a vulnerable adult as a result of a family relationship, or assumed the responsibility for the care of a vulnerable adult voluntarily, by contract, or as a result of the ties of friendship, been appointed a guardian, limited guardian, or conservator under the Oklahoma Guardianship and Conservatorship Act.
If it is applicable, consent is not a defense to this crime. good faith use of spiritual means for treatment shall not be abuse or neglect if in accordance with practices of a recognized church or the express consent of the vulnerable adult.
The statute for Abuse By a Caretaker is OKLA. STAT. tit. 21 § 843, which states “No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.”
Elements of the Crime
In order to be convicted of Abuse By a Caretaker 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 caretaker or person;
2) abused, financially neglected, neglected, sexually abused, or exploited;
3) another person who was entrusted to his or her care;
1) a person knowingly caused or permitted another person who was entrusted to his or her care;
2) to be abused, financially neglected, neglected, sexually abused or exploited.
Oklahoma Jury Instruction #4-147.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Abuse By a Caretaker 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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