OUJI-CR 4-35B
CHILD ABUSE/NEGLECT - AFFIRMATIVE DEFENSE - USE OF PRAYER FOR TREATMENT OF CHILD
Evidence has been introduced in this case that the defendant, in good faith, selected and depended upon spiritual means alone through prayer, and according to the tenets and practice of a recognized church/(religious denomination), for the (treatment/cure of a disease)/(remedial care) of a child. It is the burden of the State to prove beyond a reasonable doubt that the defendant did not, in good faith, select and depend upon spiritual means alone through prayer, and according to the tenets and practice of a recognized church/(religious denomination), for the (treatment/cure of a disease)/(remedial care) of the child. If you find that the State has failed to sustain that burden, then the defendant must be found not guilty.
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Statutory Authority: 10A O.S. 2021, § 1-1-105(21).
Notes on Use
The affirmative defense of the use of prayer for the treatment of a child is found in 10A O.S. 2011, § 1-1-105(46) and applies to child abuse and neglect. Similar affirmative defenses are found in 21 O.S. 2011, § 852(C), which applies to the crime of omission to provide for a child, and in 21 O.S. 2011, § 852.1(B), which applies to child endangerment. This affirmative defense should be modified appropriately for omission to provide for a child or for child endangerment, because the requirements for the affirmative defenses for these other crimes differ from the requirements for this affirmative defense.
(2022 SUPP.)