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