For families locked in patterns of abuse, both spousal and child abuse can — and do — happen. Permitting child abuse by injury is a crime in Oklahoma, and it is aimed at people who enable child abuse.
In Oklahoma, a person who enables child abuse can be charged with permitting it to occur, even if the enabler is not the person actually abusing the child.
Oklahoma has a number of laws prohibiting child abuse. Permitting child abuse by injury is one of those laws.
Defining Child Abuse by Injury
In order to understand child abuse by injury, it is necessary to understand how Oklahoma law defines child abuse in general.
In Oklahoma, child abuse is defined as the willful or malicious threatened or actual harm or the failure to protect a child’s (under the age of 18) health, safety or welfare. Child abuse can include willful or malicious injury or torture of a child and includes physical, mental, or emotional injuries. Okla. Stat. tit. 21 § 843.5
Permitting or enabling child abuse is defined by Oklahoma law as causing, procuring or allowing, or failing to protect a child from any willful or malicious act or threat. A child’s caretaker who knowingly permits the abuse of that child can be charged with permitting child abuse by injury, even if he or she did not abuse the child directly.
This crime has certain elements that must be proven by the prosecution. If any elements are left unproven, there can be no conviction. Here are the elements of the crime: a person responsible for a child’s health, safety, or welfare; knowingly permitted injury, torture, maiming, or the use of unreasonable force; and upon a child. OUJI-CR 4-36
Defenses
Defenses are built upon facts that tend to disprove one or more of these elements. For instance, the elements require that the caretaker allows the abuse knowingly. A spouse who is locked in an abusive relationship may be so focused on the abuse occurring to him or her that they may be really unaware of any abuse of the child. But if a caretaker spouse turns a blind eye to the abuse, that element of the crime will be met.
Ordinary force used by a parent to discipline a child is not considered to be abuse in Oklahoma. This includes spanking, switching, or paddling.
However, if such force leaves marks on the child’s body, it is unlikely that a court will find the force to be reasonable.
Penalties for Permitting Child Abuse by Injury
Child abuse by injury is a felony. The crime is punishable by anywhere from one year in county jail to life imprisonment, a fine between $500 and $5,000, or both. Okla. Stat. tit. 21 § 843.5
If you are facing charges for permitting child abuse by injury, you and your family will need help. Contact an experienced Tulsa criminal law attorney as soon as possible.
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