Oklahoma § 21-852.1 - See the following versions:

§ 21-852.1. See the following versions:

OS 21-852.1v1 (HB 1731, Laws 2025, c. 113, 1)

OS 21-852.1v2 (HB 2104, Laws 2025, c. 486, § 187)

§21-852.1v1. Child endangerment - Knowingly permitting physical or

sexual abuse – Good-faith reliance on spiritual healing - Penalties.

A. A person who is the parent, guardian, or person having

custody or control over a child as defined in Section 1-1-105 of

Oklahoma Statutes - Title 21. Crimes and Punishments

Title 10A of the Oklahoma Statutes, commits child endangerment when

the person:

1. Knowingly permits physical or sexual abuse of a child;

2. Knowingly permits a child to be present at a location where

a controlled dangerous substance is being manufactured or attempted

to be manufactured as defined in Section 2-101 of Title 63 of the

Oklahoma Statutes;

3. Knowingly permits a child to be present in a vehicle when

the person knows or should have known that the operator of the

vehicle is impaired by or is under the influence of alcohol or

another intoxicating substance; or

4. Is the driver, operator, or person in physical control of a

vehicle in violation of Section 11-902 of Title 47 of the Oklahoma

Statutes or impaired while transporting or having in the vehicle

such child or children.

However, it is an affirmative defense to this paragraph if the

person had a reasonable apprehension that any action to stop the

physical or sexual abuse or 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.

Nothing in this subsection shall prohibit the prosecution of a

person pursuant to the provisions of Section 11-902 or 11-904 of

Title 47 of the Oklahoma Statutes.

B. The provisions of this section shall not apply to any

parent, guardian or other person having custody or control of a

child for the sole reason that the parent, guardian or other person

in good faith selects and depends upon spiritual means or prayer for

the treatment or cure of disease or remedial care for such child.

This subsection shall in no way limit or modify the protections

afforded said child in Section 852 of this title or Section 1-4-904

of Title 10A of the Oklahoma Statutes.

C. Any person convicted of violating any provision of this

section shall be guilty of a felony punishable by imprisonment in

the custody of the Department of Corrections for a term of not more

than four (4) years, or by a fine not exceeding Five Thousand

Dollars ($5,000.00), or by both such fine and imprisonment.

Added by Laws 1990, c. 165, § 2, eff. July 1, 1990. Amended by Laws

1997, c. 133, § 252, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

5, § 156, eff. July 1, 1999; Laws 2001, c. 225, § 6, eff. July 1,

2001; Laws 2009, c. 143, § 1, eff. July 1, 2009; Laws 2009, c. 234,

§ 122, emerg. eff. May 21, 2009; Laws 2011, c. 350, § 2, eff. Nov.

1, 2011; Laws 2025, c. 113, § 1, eff. Nov. 1, 2025.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 252 from July 1, 1998, to July 1, 1999.

§21-852.1v2. Child endangerment - Knowingly permitting physical or

sexual abuse – Good-faith reliance on spiritual healing - Penalties.

Oklahoma Statutes - Title 21. Crimes and Punishments

A. A person who is the parent, guardian, or person having

custody or control over a child as defined in Section 1-1-105 of

Title 10A of the Oklahoma Statutes, commits child endangerment when

the person:

1. Knowingly permits physical or sexual abuse of a child;

2. Knowingly permits a child to be present at a location where

a controlled dangerous substance is being manufactured or attempted

to be manufactured as defined in Section 2-101 of Title 63 of the

Oklahoma Statutes;

3. Knowingly permits a child to be present in a vehicle when

the person knows or should have known that the operator of the

vehicle is impaired by or is under the influence of alcohol or

another intoxicating substance; or

4. Is the driver, operator, or person in physical control of a

vehicle in violation of Section 11-902 of Title 47 of the Oklahoma

Statutes while transporting or having in the vehicle such child or

children.

However, it is an affirmative defense to this paragraph if the

person had a reasonable apprehension that any action to stop the

physical or sexual abuse or 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.

Nothing in this subsection shall prohibit the prosecution of a

person pursuant to the provisions of Section 11-902 or 11-904 of

Title 47 of the Oklahoma Statutes.

B. The provisions of this section shall not apply to any

parent, guardian or other person having custody or control of a

child for the sole reason that the parent, guardian or other person

in good faith selects and depends upon spiritual means or prayer for

the treatment or cure of disease or remedial care for such child.

This subsection shall in no way limit or modify the protections

afforded said child in Section 852 of this title or Section 1-4-904

of Title 10A of the Oklahoma Statutes.

C. Any person convicted of violating any provision of this

section shall be guilty of a Class B6 felony offense punishable by

imprisonment in the custody of the Department of Corrections for a

term of not more than four (4) years, or by a fine not exceeding

Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment.

Added by Laws 1990, c. 165, § 2, eff. July 1, 1990. Amended by Laws

1997, c. 133, § 252, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

5, § 156, eff. July 1, 1999; Laws 2001, c. 225, § 6, eff. July 1,

2001; Laws 2009, c. 143, § 1, eff. July 1, 2009; Laws 2009, c. 234,

§ 122, emerg. eff. May 21, 2009; Laws 2011, c. 350, § 2, eff. Nov.

1, 2011; Laws 2025, c. 486, § 187, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 252 from July 1, 1998, to July 1, 1999.

Oklahoma Statutes - Title 21. Crimes and Punishments