OUJI-CR 4-40B

CHILD ENDANGERMENT - ELEMENTS

No person may be convicted of child endangerment 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;

Second, knowingly;

Third, permitted;

[Fourth, physical/sexual abuse;

Fifth, of the child.]

OR

First, a parent/guardian/(person having custody/control) of a child under 18 years of age;

Second, knowingly;

Third, permitted;

Fourth, the child to be present in a place where [Specify Controlled Dangerous Substance] a controlled dangerous substance was (being manufactured)/(attempted to be manufactured);

[Specify Controlled Dangerous Substance] is a controlled dangerous substance.

OR

First, a parent/guardian/(person having custody/control) of a child under 18 years of age;

Second, knowingly;

Third, permitted;

Fourth, the child to be present in a vehicle operated by a person who was impaired by or under the influence of alcohol/(an intoxicating substance);

Fifth, and the parent/guardian/(person having custody/control) of the child knew or reasonably should have known that the operator of the vehicle was impaired by or under the influence of alcohol/(an intoxicating substance).

OR

First, a parent/guardian/(person having custody/control) of a child under 18 years of age;

[Second, was the driver/operator/(person in actual physical control of a vehicle);

Third, who [specify violation of 47 O.S. 2011, 11-902, e.g., was under the influence of alcohol or an intoxicating substance];

Fourth, while (transporting the child/children)/(having the child/children in the vehicle)].

_____________________________

Statutory Authority: 21 O.S. 2011, § 852.1, 10A O.S. 2011, § 1-1-105(2).

Notes on Use

For a definition of child abuse, see OUJI-CR 4-40D, infra. For a definition of manufacturing a controlled dangerous substance, see OUJI-CR 6-16, infra. For jury instructions and definitions concerning driving while impaired and driving under the influence of alcohol and intoxicating substances, see OUJI-CR 6-17 through 6-24 and 6-35, infra.

Section 852.1(B) 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 child endangerment.

Committee Comments

An affirmative defense is provided if the defendant had a reasonable apprehension that any action to stop the abuse would result in substantial bodily harm to the defendant or the child. 21 O.S. 2011, § 852.1. For instructions on child abuse and child sexual abuse, see OUJI-CR 4-35 and 4-39, supra. See also Huskey v. State, 2002 OK CR 3, ¶ 11, 989 P.2d 1, 6 (summarizing the elements of the crime of child abuse).

(2012 Supp.)