ABUSE [BY CARETAKER] OF A PERSON ENTRUSTED TO ONE'S CARE - ELEMENTS
No person may be convicted of abuse of a person entrusted to one's care unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, a caretaker/person;
[Second, abused/(financially neglected)/neglected/(sexually abused)/exploited;
Third, another person who was entrusted to his/her care].
[First, a person knowingly caused/permitted another person who was entrusted to his/her care;
Second, to be abused/(financially neglected)/neglected/(sexually abused)/exploited].
[Note - Use only if applicable: You are further instructed that consent shall not be a defense to this crime.]
Statutory Authority: 21 O.S. 2011, § 843.1.
Notes on Use
Under 43A O.S. Supp. 2019, § 10-103(B), good faith use of spiritual means for treatment shall not be abuse or neglect if in accordance with practices of a recognized church or the express consent of the vulnerable adult. For a prosecution for caretaker abuse, see the definitions of caretaker and vulnerable adult in OUJI-CR 4-148, infra.
The Committee did not include an option for "secure," because it is covered by "cause".