Contributing to the Delinquency of a Minor - Tulsa Trial Attorneys
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First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
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Delinquent Child - Definition
A child under 18 years old who has violated any criminal law. OUJI-CR 4-51
Contributing to the Delinquency of a Minor
Except as otherwise specifically provided by law, every person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child or a runaway child, upon conviction, shall, for the first offense, be guilty of a misdemeanor punishable by imprisonment in a county jail for a maximum of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Every person convicted of a second or any subsequent violation of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a maximum three (3) years, or by a maximum fine of Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. 21 O.S. 856
Contributing to the Delinquency of a Minor - Elements
No person may be convicted of contributing to the delinquency of a minor unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) knowingly / willfully;
(2) caused / aided / abetted / encouraged;
(3) a child under eighteen (18) years old;
(4) to be / become / remain a delinquent / runaway child. OUJI-CR 4-51
Adult’s Aiding or Encouraging a Minor to Commit to Participation in an Act that Would be a Felony if Committed by an Adult
Every person eighteen (18) years of age or older who shall knowingly or willfully cause, aid, abet, or encourage a minor to commit or participate in committing an act that would be a felony if committed by an adult shall, upon conviction, be guilty of a felony punishable by the maximum penalty allowed for conviction of the offense or offenses which the person caused, aided, abetted, or encouraged the minor to commit or participate in committing. 21 O.S. 856
Recruiting a Minor into a Criminal Street Gang
Every person who shall knowingly or willfully cause, aid, abet, encourage, solicit, or recruit a minor to participate, join, or associate with any criminal street gang, or any gang member for the purpose of committing any criminal act shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a maximum term of five (5) years, or a maximum fine of Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
Every person convicted of a second or subsequent violation of the above paragraphshall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a minimum term of five (5) years nor more than ten (10) years, or by a maximum fine of Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. 21 O.S. 856
Criminal Street Gang
"Criminal street gang" means any ongoing organization, association, or group of five or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission of one or more of the following criminal acts:
1. Assault, battery, or assault and battery with a deadly weapon
2. Aggravated assault and battery
3. Robbery by force or fear
4. Robbery or attempted robbery with a dangerous weapon or imitation firearm
5. Unlawful homicide or manslaughter
6. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances
7. Trafficking in illegal drugs
9. The influence or intimidation of witnesses and jurors
10. Theft of any vehicle
13. Transporting a loaded firearm in a motor vehicle
14. Possession of a concealed weapon
15. Shooting or discharging a firearm, as defined by Section 652 of this title. 21 O.S. 856
Runaway Child - Definition
For purposes of prosecution under this subsection, a "runaway child" means an unemancipated minor who is voluntarily absent from the home without a compelling reason, without the consent of a custodial parent or other custodial adult and without the parent or other custodial adult's knowledge as to the child's whereabouts.
Compelling Reason - Definition
"Compelling reason" means imminent danger from incest, a life-threatening situation, or equally traumatizing circumstance. A person aiding a runaway child pursuant or aiding a child based upon a reasonable belief that the child is in physical, mental or emotional danger and with notice to the Department of Human Services or a local law enforcement agency of the location of the child within twelve (12) hours of aiding the child shall not be subject to prosecution under this section.
Charged with Child Abuse in Oklahoma
Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.
Unfortunately, when it comes to allegations of a crime against a child, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.
Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
Child Abuse - Definition
Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect.
Child Abuse - Punishment
Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)
Child Abuse - Elements
No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously
(2) harmed / (threatened harm to) the health, safety, or welfare
(3) of a child under the age of eighteen
(1) a person responsible for a child's health, safety, or welfare
(2) willfully / maliciously
(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare
(4) of a child under the age of eighteen. OUJI-CR 4-35
Crimes against Children (non-sexual)
Contributing to the Delinquency of a Minor
Sex Crimes against Children
Crimes Against Children FAQs
What is considered ordinary force for a parent for discipline?
Can prayer be a defense?
Contributing to the Delinquency of a Minor Litigation Expertise
Child Abuse charges in Oklahoma require an aggressive defense. No matter which child offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.