OMISSION TO PROVIDE FOR CHILD - ELEMENTS
No person may be convicted of omission to provide for a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, a parent/guardian/(person having custody/control) of a child under 18 years of age;
Third, without lawful excuse;
Fourth, omitted to furnish necessary food/clothing/shelter/(monetary child support)/(medical attention)/(payment of court-ordered day care/ [medical insurance]) for that child;
Fifth, as imposed by law upon the parent/guardian/(person having custody/control) of the child.
[The duty to provide medical attention means that the parent/guardian/(person having custody/control of a child) must provide medical treatment in the manner and on the occasions that an ordinarily prudent person, who is concerned for the welfare of a child, would provide. A parent/guardian/(person having custody/control of a child) is not liable for failing to provide medical attention for every minor or trivial complaint that a child may have.]
Statutory Authority: 21 O.S. 2011, § 852(A).
Notes on Use
Section 852(C) provides for an affirmative defense if the defendant depends on spiritual means and prayer for care for a child. If evidence is introduced to support this defense, the court should modify the affirmative defense in OUJI-CR 4-35C appropriately, because the requirements for the analogous affirmative defenses for child abuse and neglect differ from some of the requirements for the affirmative defense with respect to the omission to provide for a child.
The term "child" is defined in 10A O.S. 2011, § 1-1-105(7) as “any unmarried person under eighteen (18) years of age.”