OUJI-CR 4-38

ENABLING CHILD NEGLECT - ELEMENTS

No person may be convicted of enabling the neglect of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, a person responsible for a child's health, safety, or welfare;

Second, willfully/maliciously caused/procured/permitted;

Third, another person responsible for a child's health, safety or welfare to willfully/maliciously fail/omit to provide;

Fourth, [adequate (nurturance and affection)/food /clothing/shelter/ sanitation/hygiene)/(appropriate education)]/ (medical/dental/ (behavioral health) care/ [supervision/(appropriate caretakers) to protect the child from harm/(threatened harm) of which any reasonable and prudent person responsible for the child's health, safety or welfare would be aware]/(special care made necessary for the child's health and safety by the physical/mental condition of the child);

Fifth, for a child under the age of eighteen.]

OR

Third, another person responsible for a child's health, safety or welfare to willfully/maliciously fail/omit;

Fourth, to protect a child under the age of eighteen from exposure to;

Fifth, (the use/possession/sale/manufacture of illegal drugs)/ (illegal activities)/(sexual acts or materials that are not age-appropriate).]

OR

Third, another person responsible for a child's health, safety or welfare to willfully/maliciously abandon;

Fourth, a child under the age of eighteen.]

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Statutory Authority: 21 O.S. 2021, § 843.5(D), (O)(2), (O)(6), 10A O.S. 2021, § 1-1-105(49)

Notes on Use

OUJI-CR 4-36, supra, should be used if the defendant is charged with enabling child abuse. Activities that might not constitute neglect are set out in OUJI-CR 4-35B and 4-37A, supra. Definitions are found in OUJI-CR 4-40D, infra.

Committee Comments

In Fairchild v. State, 1999 OK CR 49, ¶ 51, 998 P.2d 611, 622-23, the Oklahoma Court of Criminal Appeals decided that the mens rea for felony murder of a child under 21 O.S. Supp. 1999, § 701.7(C) was a general intent to commit the act which causes the injury, rather than a specific intent, and that the general intent was included within the terms "willfully" or "maliciously."

(2022 SUPP.)