We want to protect our children from abuse and neglect. We want them to grow and thrive.
As a part of that need and desire, Tulsa, Oklahoma’s child abuse laws prohibit the physical, emotional, or sexual abuse and neglect of children.
Unfortunately, Oklahoma has a long history of high rates of domestic abuse, including child abuse.
Child Abuse and Enabling Child Abuse — Serious Crimes in Oklahoma
Oklahoma law prohibits the abuse, neglect, exploitation, and sexual abuse of children. This definition encompasses physical and sexual abuse, neglect, and exploitation. Okla. Stat. tit. 21 § 843.5
In Oklahoma, the law treats the child abuser and any person who knowingly permits the abuse equally under the law. You can be convicted of child abuse in Tulsa if you, as a parent or caretaker, permit a child to be abused in any way by another.
Permitting the abuse is sometimes done actively, such as in procurement of a minor for sexual abuse by another adult, or it can be done passively, as in cases when a parent turns a blind eye to the beating or sexual abuse of a child by the other parent.
If the parent or caretaker knows, or has reason to know, that they are putting the child’s health or safety at risk, that may be sufficient for a conviction under the law.
Committing child abuse or neglect as well as enabling child abuse or neglect are felonies punishable by a maximum sentence of life in prison.
What Is Considered Child Abuse?
So where is the line between punishment and abuse?
“Abuse” means harming or threatening to harm or failing to protect from harm, the health, safety, or welfare of a child by a person who is responsible for that child’s health, safety, or welfare. This can include purposeful physical or mental injury, sexual abuse, or sexual exploitation.
This does not include or prohibit any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling. Okla. Stat. tit. 10A § 1-1-105
You can be convicted of child abuse in Oklahoma if you willfully and maliciously abuse, injure, torture, or maim a child.
Thus, if you spank a child on the buttocks with your open hand, using a light slap that leaves no mark, you might be in line with “ordinary discipline” measures. But if you use an instrument, your fists, or leave marks, this might be considered child abuse under the statute.
“Sexual abuse” includes but is not limited to rape, incest, and lewd or indecent acts or proposals. This is often done by a parent, or allowed by a parent turning a blind eye to the abuse.
The child abuse statutes also prohibit the neglect of a child. “Neglect” can mean many things. It means the failure to provide adequate love and nurturance, food, shelter, medical care, hygiene, or appropriate education. It can also mean failing to provide adequate supervision.
It can also mean exposing a child or failing to protect a child from exposure to drugs, sexual acts, or other illegal activities. Abandoning your child could also be considered child neglect.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of child abuse in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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