ASSAULT AND BATTERY - DOMESTIC ABUSE- IN PRESENCE OF CHILD - ELEMENTS
No person may be convicted of domestic abuse in the presence of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Third, attempting or offering to use force or violence; and
Fourth, the use of force or violence;
Fifth, was against the person of a [Specify Applicable Relationship in 21 O.S. Supp. 2011, § 644(C)].
Sixth, was committed in the presence of a child.
A child is any child whether or not related to the victim or the defendant. In the presence of a child means in the child's physical presence or the defendant knows a child is present and may see or hear an act of domestic violence.
Statutory Authority: 21 O.S. 2011, § 644(C),(G),(H).
Notes on Use
The relationships listed in 21 O.S. 2011, § 644(C) are "a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant."