OUJI-CR 4-40C
CHILD ENDANGERMENT - STATUTORY AFFIRMATIVE DEFENSE
No person may be convicted of child endangerment if that person had a reasonable apprehension that any action to (stop the physical/sexual abuse)/(deny permission for the child to be in the vehicle with an intoxicated person) would result in substantial bodily harm to the person or the child.
It is the burden of the State to prove beyond a reasonable doubt that the defendant did not have such reasonable apprehension. 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: 21 O.S. 2011, § 852.1.
2012 SUPPLEMENT