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One would be hard pressed to find any crime in Oklahoma which draws more ire from the public than child abuse, and rightfully so. Children hold a special place in the eyes of the law due to their innocence and vulnerability. As such, these charges are some of the most difficult Oklahoma criminal charges to defend, because the allegations are so easy to make and they most often come from a minor child.
Moreover, the Oklahoma Statutes provide for punishment of both the individual who actively engages in the abuse or neglect of a child and any individual who enables them.
Consequently, penalties and punishment for convictions in Oklahoma are some of the most severe in the state. This is coupled with the fact that a conviction for child abuse allegations will result in felony conviction consequences and possibly Sex Offender Registration. With this in mind, it is imperative that a Defendant charged with such shocking and heinous allegations seek the representation of a child abuse attorney.
The legal defense strategies used by a criminal defense attorney to fight child abuse, child neglect, and child exploitation charges in Oklahoma include examining evidence quality, challenging witness credibility, evaluating medical interpretations, and proving the absence of willful or malicious intent to commit child abuse.
If you or a loved one has been charged with child abuse, you should consult an experienced Oklahoma criminal defense lawyer. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.
Any individual responsible for a child’s health, safety, or welfare who causes or permits:
Any of these charges can cause someone to be criminally liable for child abuse. Obviously, parents are not restrained from using ordinary force as necessary to discipline their children; as such, actions such as spanking, switching, or paddling a child for disciplinary reasons is not considered abuse.
However, those who cause or enable any of the above violations risk prosecution for enabling. "Enable" means to supply another with the means, knowledge, or opportunity to commit the crime when the person authorizing or allowing such knows or reasonably should know that the child will be placed at risk of child abuse as described above.
Both child abuse and enabling child abuse are Class A3 felonies under 21 O.S. § 843.5(A) and a conviction for either charge can have a lasting negative impact on the remaining life of the convicted person.
Child abuse is a Class A3 felony. A person convicted of child abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, or life imprisonment without parole, and a fine of not more than Five Thousand Dollars ($5,000), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Enabling child abuse under 21 O.S. § 843.5(B) is classified as a Class A3 felony. The sentence for enabling child abuse includes imprisonment in the custody of the Department of Corrections for a term ranging from zero (0) years to life, or life without parole, and a fine of up to Five Thousand Dollars ($5,000), or both. This offense is subject to the 85% Rule, which requires the defendant to serve not less than eighty-five percent (85%) of the imposed sentence before becoming eligible for release.
It goes without questioning that the children of Oklahoma deserve the greatest protections that our state can possibly provide. However, this ideal sometimes leads to hasty decisions and the biased prosecution of individuals before such punishment is even justified given the particular situation’s circumstances. Child neglect cases, much like abuse cases, are some of the easiest allegations for the prosecution to make and sustain, in part due to society’s ultrasensitive position on the welfare of our children. Understandably, serious issues require serious representation.
The Oklahoma statutes define child neglect as follows:
"Neglect" means a willful failure or omission to provide the following for a child:
The law considers anyone under the age of 18 a child. A Defendant can also be charged with the crime of enabling child neglect. Both Child neglect and enabling child neglect are charged as felonies in Oklahoma, which means a conviction may potentially impact the remainder of the Defendant’s life.
Child neglect under 21 O.S. § 843.5(C) is a Class B1 felony. The sentence for child neglect includes imprisonment in the custody of the Department of Corrections for a term ranging from zero (0) years to life, and a fine of up to Five Thousand Dollars ($5,000), or both. This offense is subject to the 85% Rule, which requires the defendant to serve not less than eighty-five percent (85%) of the imposed sentence before becoming eligible for release.
Enabling child neglect under 21 O.S. § 843.5(D) is a Class B1 felony. A person convicted of enabling child neglect shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Child sexual abuse in Oklahoma encompasses situations where a child is improperly touched in a sexually explicit manner. Child sexual abuse is similar to other child abuse-related charges, in that one can also be charged with enabling child sexual abuse. Child sexual abuse is likewise also charged as a felony. As such, if convicted, a Defendant could potentially face up to life in prison. Furthermore, allegations of child sexual abuse carry a great amount of social stigma.
Child sexual abuse is a Class A3 felony. A person convicted of child sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, or life imprisonment without parole, and a fine of not more than Five Thousand Dollars ($5,000), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Any parent or other person who willfully or maliciously engages in sexual abuse of a child under twelve (12) years of age is guilty of a Class A1 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than twenty-five (25) years and not more than life imprisonment, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00). The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Any parent or other person who willfully or maliciously engages in enabling child sexual abuse is guilty of a Class A3 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, or life imprisonment without parole, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Child sexual exploitation liability arises in Oklahoma when an individual forces a child to engage in sexual acts, and the act results in some sort of profit or monetary gain for the person forcing the acts to occur. As detailed above, there is a coinciding crime for enabling child sexual exploitation, and a conviction for either charge is a felony.
The following sections outline the possible punishment associated with a child exploitation conviction in Oklahoma.
Any parent or other person who willfully or maliciously engages in child sexual exploitation is guilty of a Class A3 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, or life imprisonment without parole, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Any parent or other person who willfully or maliciously engages in sexual exploitation of a child under twelve (12) years of age is guilty of a Class A1 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than twenty-five (25) years and not more than life imprisonment, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00). The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
Any parent or other person who willfully or maliciously engages in enabling child sexual exploitation is guilty of a Class A1 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than life imprisonment, or life imprisonment without parole, and a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. The defendant shall serve not less than eighty-five percent (85%) of the sentence imposed before eligibility for release.
