Children are vulnerable members of society, and Tulsa has strict laws to protect them. You could be charged with child endangerment in Oklahoma if you expose minors to situations or acts that are perceived under law as harmful to children.
Child endangerment, though not as severe as abuse, is still a serious felony in Oklahoma. If you are charged with child abuse, you may also face separate charges of endangerment.
Not every act that may put a child at risk in the opinion of others is considered endangerment under Oklahoma laws, however. For instance, relying on spiritual means for a child’s healing is not considered a crime in Oklahoma, if it is done in good faith.
Defining Child Endangerment in Oklahoma
A person responsible for a child can be found guilty of child endangerment if one of the following occurs.
- If a parent, guardian, or a person having control of a child allows the child to be present in an environment where controlled dangerous substances are being manufactured or where an attempt has been made to produce them.
- A person responsible for a child knowingly lets the child be present in a vehicle that is being operated by someone under the influence of alcohol or drugs or who is impaired.
Okla. Stat. tit. 21 § 852.1
However, there is an affirmative defense here if the defendant can state that they permitted child endangerment because they reasonably believed that trying to stop it would have endangered the child further.
Elements of the Crime
The state must prove the following elements beyond a shadow of a doubt to obtain a conviction for child endangerment in Oklahoma.
- A parent, guardian, or other person having custody or control of a minor
- knowingly
- permitted
- abuse of a physical or sexual nature
- of the child.
OR
- A parent, guardian, or another person who has custody or control of a child
- knowingly
- allowed
- a minor to be at a place where a controlled dangerous substance was being manufactured or where an attempt was being made to produce a controlled dangerous substance.
OR
- A parent, guardian, or other person having control and custody of a minor
- knowingly
- allowed
- a minor to be present in a vehicle that was driven by someone who was impaired or under the influence of an intoxicating substance.
OR
- A parent, guardian, or someone who had control or custody of a minor
- operated a vehicle
- n violation of Oklahoma laws such as driving under the influence of an intoxicating substance
- while there was a minor in the car.
Penalties for Child Endangerment in Oklahoma
Endangering a child is tried as a felony in Oklahoma. The crime carries a penalty of up to four years in prison, a fine of up to $5,000 or both fines. Okla. Stat. tit. 21 § 852.1C
If you are facing charges of child endangerment in Oklahoma, you need to talk to an experienced Tulsa criminal attorney immediately. We make it easy to get answers to your questions and chart the way forward in your case.
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