A parent or caregiver of a child has an affirmative legal duty to protect the child or children within his or her care from injury.
When a child is injured in Okmulgee, Oklahoma, the parent or caregiver may be held criminally liable for enabling child abuse under certain circumstances.
Enabling Child Abuse in Okmulgee
Child abuse victimizes the most vulnerable segment of our society. Oklahoma takes this crime seriously.
You can be convicted of child abuse in Oklahoma if you willfully and maliciously abuse, injure, torture, or maim a child. Okla. Stat. tit. 21 § 843.5
You can also be convicted of child abuse if you, as a parent or caretaker, permit a child to be abused by another, regardless of whether that abuse is physical, sexual, or done in any other fashion.
“Permitting” can be done actively or passively. An example of “actively” permitting may be the procurement of a child for another whom the caregiver knows will cause harm to the child. An example of “passively” permitting or enabling may be leaving the child in the care of a person whom the caregiver knows may cause harm to the child.
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. Oklahoma law treats the abuser and the enabler of child abuse equally.
For example, you are a single parent and you are late for work. Your regular daycare provider is sick or closed. You take your child to a new place. You smell alcohol on the breath of the childcare worker. You see needle marks on her arms.
Yours is the only child there. Even if you are late, or have to miss work, do not leave your child there. You could be liable under child abuse laws if something happens to your child.
Penalties
The penalties in Oklahoma for child abuse are severe. It is a felony conviction punishable by up to life in prison.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is accused of child abuse in Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
