OUJI-CR 4-51

CONTRIBUTING TO DELINQUENCY OF MINORS - DEFINITIONS

Child in Need of Supervision - A child under 18 years old who: [Select Appropriate Language]

[has repeatedly disobeyed reasonable and lawful commands or directives of his/her parent/(legal guardian)/custodian].

OR

[is willfully and voluntarily absent from his home without the consent of his/her parent/(legal guardian)/custodian for a substantial length of time or does not intend to return].

OR

[is subject to compulsory school attendance and is willfully and voluntarily absent from school for (fifteen (15) or more days/(parts of days) within a semester)/(four (4) or more days/(parts of days) within a four-week period) without a valid excuse as defined by the local school boards].

Reference: 10 O.S. Supp. 1995, § 7001-1.3(3).

Criminal Street Gang - Any ongoing organization/association/ group of 5 or more persons) that specifically promoted/sponsored/ (assisted in)/(participated in) and required as a condition of membership/(continued membership) the commission of [Specify the Criminal Act(s) Listed in 21 O.S. 1991, § 856(F)].

Reference: 21 O.S. 1991, § 856(F).

Delinquent Child - A child under 18 years old who has violated any criminal law or has [Specify the Delinquent Act(s) Listed in 21 O.S. 1991, § 857(4)].

Reference: 21 O.S. 1991, § 857(4).

Deprived Child - A child under 18 years old who: [Select Appropriate Language]

[is for any reason destitute/homeless/abandoned].

OR

[does not have the proper parental care/guardianship or whose home is an unfit place for the child because of the neglect/cruelty/depravity of his parents/(legal guardian)/(person in whose care the child is)].

OR

[is a child in need of special care and treatment because of his physical or mental condition including a child born in a condition of dependence on a controlled dangerous substance, and his parents/(legal guardian)/custodian is unable or willfully fails to provide special care and treatment].

OR

[is a handicapped child deprived of the (nutrition necessary to sustain life)/ (medical treatment necessary to remedy/relieve a life-threatening medical condition in order to cause/allow the death of the child if the nutrition/(medical treatment) is generally provided to similarly situated non-handicapped or handicapped children].

OR

[is subject to compulsory school attendance and, due to improper parental care and guardianship, is absent from school for (fifteen (15) or more days/(parts of days) within a semester)/(four (4) or more days/(parts of days) within a four-week period) without a valid excuse as defined by the local school boards].

Reference: 10 O.S. Supp. 1995, § 7001-1.3(4).

Encourage - In addition to the usual meaning of the word, includes a willful and intentional neglect to do what would directly tend to prevent an act of delinquency by a child under 18 years old, when a person was able to do so.

Reference: 21 O.S. 1991, § 857(3).

Knowingly - With personal awareness of the facts.

Reference: 21 O.S. 1991, § 96.

Willful - Purposeful. "Willful" does not require any intent to violate the law, or to injure another, or to acquire any advantage. It involves simply a willingness to commit the act or omission referred to.

References: 21 O.S. 1991, § 92. Tarver v. State, 651 P.2d 1332, 1334 (Okl. Cr. 1982).