The state of Oklahoma considers minors vulnerable members of society and has strict laws that protect them. Child neglect in Tulsa is one crime against children addressed in Oklahoma laws, and one that carries severe penalties if convicted.
You could spend the rest of your life in prison if you are found guilty of child neglect. Talk to an experienced Tulsa child neglect lawyer if you are charged with neglect of a child. A knowledgeable lawyer can help you navigate the justice system and help you get the most favorable outcome in your case.
What is Child Neglect in Tulsa?
Under Oklahoma law, neglect is defined as the failure to provide adequately for a child. Sometimes, a person responsible for the welfare and wellbeing of a child willfully and maliciously provides inadequate affection, nurture, supervision, shelter, sanitation, hygiene, medical treatment, and education to the child.
For instance, Oklahoma laws describe abandonment of a minor as neglect. Okla. Stat. tit. 10a § 1-1-105
Also, failure to protect a child from activities or materials that might harm them is also treated as child neglect in Tulsa. Illegal activities or drugs and sexual activities are examples of influences that could harm a minor. Parents who fail to protect minors from such influences could be found guilty of neglect.
Elements of the Crime
A prosecutor must prove, beyond a shadow of a doubt, the following elements of the crime to obtain a conviction on child neglect charges.
- A person responsible for a child’s health, safety, or welfare
- willfully
- refused to provide
- adequate care, food, clothing, shelter, education, or medical care as described by Oklahoma laws
- for a minor (a child under 18 years of age).
OR
- Failed to protect
- a child under the age of 18 from
- exposure to the use, possession, sale, or manufacture of illegal drugs, illegal activities, or sexual acts and materials that could be harmful to the child.
OR
- Abandoned
- a minor (a person under the age of 18).
OUJI-CR 4-37
Enabling Child Neglect in Tulsa
Enabling child neglect is also considered a serious crime under Oklahoma law. Thus, a defendant can be convicted of enabling child neglect if they are found to have caused, permitted, or procured willfully and maliciously any act of child neglect.
A prosecutor must prove the following elements beyond a shadow of a doubt to obtain a conviction on charges of enabling child neglect.
- A person willfully and maliciously caused or procured
- an omission or failure that is willful by a person responsible for a child’s wellbeing, welfare, and safety
- to provide adequate care, medical treatment, education, and other necessities of life for the child as described in the laws
- for a minor child, not yet 18 years of age.
OR
- A willful and malicious failure or omission by a person responsible for a child’s wellbeing, welfare, and safety
- to protect the child from exposure to
- the use, sale, production, or possession of illegal drugs and illegal activities such as sexual acts or materials that could harm the minor.
OR
- The malicious and willful abandonment by a person responsible for a child’s welfare, safety, and health
- of a child not yet 18 years of age.
Penalties
Punishment is severe for a defendant convicted of child neglect or enabling it. If convicted, a defendant may be punished with life in prison or a year in county jail. A fine between $500 and $5,000 may be assessed in addition to or in lieu of incarceration. Okla. Stat. tit. 21 § 843.5
Child neglect charges carry rather severe punishment on conviction. Therefore, if you are facing such charges, talk to a child neglect lawyer in Tulsa, OK, immediately. Do not fumble with your side of the story or engage the prosecution with having legal representation.
Only an experienced lawyer can determine the best course of action in your particular case. Do not let the severity of the charges you face scare you to believing that you have no options. Possible defenses can be explored with an experienced Tulsa criminal attorney.
Free Consultation: Tulsa Felony Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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