Child abuse in Oklahoma is 
taken very seriously under the law. It is important to understand what child abuse is and how it is treated by Stillwater, Oklahoma courts.
Child Abuse in Oklahoma Law
Child abuse in Oklahoma is defined as willfully or maliciously threatening, harming, or failing to protect the health, safety, or welfare of a child under the age of 18, or the act of willfully or maliciously injuring, torturing, or maiming a child under 18. Okla. Stat. tit. 21 § 843.5
This can be physical or mental abuse and can include neglect.
As with all crimes in Oklahoma, child abuse has elements that a prosecutor must prove beyond a reasonable doubt in order to get a conviction.
Here are the elements of child abuse in Oklahoma:
- a person willfully or maliciously
- either harmed or threatened harm to the health, safety, or welfare
- of a child under 18;
- OR
- a person who is responsible for a child’s health, safety, or welfare
- willfully or maliciously
- failed to protect from harm or threatened harm to the health, safety, or welfare
- of a child under 18.
OUJI-CR 4-35
Defenses to Child Abuse
Defenses are built on disproving any of the required elements.
Lack of the required intent is one area of possible defense. The statute requires proof that the acts were done with a mental state of maliciousness or willfulness.
Generally, however, the intentional infliction of severe injuries upon a child will be sufficient to establish a prima facie case of child abuse, reserving the issue of the sufficiency of the proof regarding the defendant’s mental state to the jury.
The statute does protect caregivers against a charge of child abuse when the caregiver, in good faith, uses prayer alone to treat or cure a child’s medical condition when that is done in accordance with the tenets and practices of a recognized church or denomination. Okla. Stat. tit. 10A § 1-1-105
Disciplining a child does not constitute child abuse in Oklahoma so long as the force used is reasonable and ordinary. This includes but is not limited to spanking, switching, or paddling, so long as the amount of force used is reasonable in manner and moderate in degree. OUJI-CR 4-35B
Penalties for Child Abuse in Oklahoma
Child abuse in Oklahoma is a felony crime. A wide range of incarceration options are available – an offender could spend anywhere from a year in a county jail to life in a state prison. A fine between $500 and $5,000 may be assessed in addition to or in lieu of incarceration.
In addition, child abuse is a crime that is subject to the 85% rule. Therefore, if you are convicted, you will have to serve at least 85% of your sentenced time.
You should also be aware that a court has the power to immediately remove a child from the custody of a caregiver and to provide whatever action is needed to protect the child’s health or welfare. This includes medical treatment if needed. Okla. Stat. tit. 10A § 1-1-105.
A felony conviction will alter the course of your life. If you are facing charges of child abuse, it is important that you contact an experienced Stillwater defense attorney to help protect your rights and freedom.
Initial Strategy Session with Stillwater Lawyer
These are serious charges. Get the help you need.
Wirth Law Office – Stillwater offers low-cost initial consultations with an experienced criminal defense attorney. Simply call 405-673-1600 today
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Additionally, you can contact the attorney in Stillwater toll free at 1-888-Wirth-Law (1-888-947-8452).
