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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1549 By: Boren
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 852.1, which relates to child
endangerment; creating felony off ense; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, S ection 852.1, is
amended to read as follows:
Section 852.1. 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 c hild to be present at a loca tion where
a controlled dangerous substance is being manufac tured or attempted
to be manufactured as defined in Section 2 -101 of Title 63 of the
Oklahoma Statutes;
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3. Knowingly exposes a child to secondhand smoke of marijuana
or a drug or screening test of a child indicates the presence of
tetrahydrocannabinols ;
4. 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 influ ence of alcohol or
another intoxicating substance; or
4. 5. 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 hav ing in the vehicle s uch child or
children.
However, it is an affirmative defens e 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 th is 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.
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This subsection shall in no way limit or modify the protections
afforded said such 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 a ny provision of this
section shall be guilty of a felo ny 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.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3232 CN 1/3/2024 4:39:25 PM