OUJI-CR 4-41

FAILURE TO PAY CHILD SUPPORT - ELEMENTS

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

First, willfully;

Second, without lawful excuse;

Third, delinquent in child support payments;

Fourth, for (more than $5,000)/(one year or more);

Fifth, that he/she was obligated by lawful order to make.

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Statutory Authority: 21 O.S. Supp. 2000, § 852(A).

Committee Comments

The statute refers to delinquencies after September 1, 1993. The Committee has concluded that the obligation must be based on a lawful Order by a court or administrative agency.

(2000 Supp.)