Bill Text For SB0291 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 291                         By: Paxton of the Senate          |
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  |                                         Loring of the House           |
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 9|       An Act relating to crimes and punishment; amending 21           |
  |       O.S. 2011, Section 843.5, as amended by Section 1,              |
10|       Chapter 240, O.S.L. 2014 (21 O.S. Supp. 2018, Section           |
  |       843.5), which relates to child abuse; updating                  |
11|       statutory references; and providing an effective                |
  |       date.                                                           |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     21 O.S. 2011, Section 843.5, as      |
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16|amended by Section 1, Chapter 240, O.S.L. 2014 (21 O.S. Supp. 2018,    |
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17|Section 843.5), is amended to read as follows:                         |
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18|    Section 843.5.  A.  Any parent or other person who shall           |
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19|willfully or maliciously engage in child abuse shall, upon             |
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20|conviction, be guilty of a felony punishable by imprisonment in the    |
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21|custody of the Department of Corrections not exceeding life            |
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22|imprisonment, or by imprisonment in a county jail not exceeding one    |
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23|(1) year, or by a fine of not less than Five Hundred Dollars           |
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24|($500.00) nor more than Five Thousand Dollars ($5,000.00), or both     |
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arsid5663765 SB291 HFLR                                            Page 1
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 1|such fine and imprisonment.  As used in this subsection, "child        |
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 2|abuse" means the willful or malicious harm or threatened harm or       |
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 3|failure to protect from harm or threatened harm to the health,         |
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 4|safety, or welfare of a child under eighteen (18) years of age by      |
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 5|another, or the act of willfully or maliciously injuring, torturing    |
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 6|or maiming a child under eighteen (18) years of age by another.        |
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 7|    B.  Any parent or other person who shall willfully or              |
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 8|maliciously engage in enabling child abuse shall, upon conviction,     |
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 9|be punished by imprisonment in the custody of the Department of        |
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10|Corrections not exceeding life imprisonment, or by imprisonment in a   |
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11|county jail not exceeding one (1) year, or by a fine of not less       |
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12|than Five Hundred Dollars ($500.00) nor more than Five Thousand        |
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13|Dollars ($5,000.00) or both such fine and imprisonment.  As used in    |
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14|this subsection, "enabling child abuse" means the causing, procuring   |
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15|or permitting of a willful or malicious act of harm or threatened      |
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16|harm or failure to protect from harm or threatened harm to the         |
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17|health, safety, or welfare of a child under eighteen (18) years of     |
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18|age by another.  As used in this subsection, "permit" means to         |
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19|authorize or allow for the care of a child by an individual when the   |
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20|person authorizing or allowing such care knows or reasonably should    |
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21|know that the child will be placed at risk of abuse as proscribed by   |
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22|this subsection.                                                       |
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23|    C.  Any parent or other person who shall willfully or              |
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24|maliciously engage in child neglect shall, upon conviction, be         |
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arsid5663765 SB291 HFLR                                            Page 2
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 1|punished by imprisonment in the custody of the Department of           |
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 2|Corrections not exceeding life imprisonment, or by imprisonment in a   |
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 3|county jail not exceeding one (1) year, or by a fine of not less       |
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 4|than Five Hundred Dollars ($500.00) nor more than Five Thousand        |
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 5|Dollars ($5,000.00), or both such fine and imprisonment.  As used in   |
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 6|this subsection, "child neglect" means the willful or malicious        |
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 7|neglect, as defined by paragraph 47 of Section 1-1-105 of Title 10A    |
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 8|of the Oklahoma Statutes, of a child under eighteen (18) years of      |
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 9|age by another.                                                        |
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10|    D.  Any parent or other person who shall willfully or              |
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11|maliciously engage in enabling child neglect shall, upon conviction,   |
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12|be punished by imprisonment in the custody of the Department of        |
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13|Corrections not exceeding life imprisonment, or by imprisonment in a   |
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14|county jail not exceeding one (1) year, or by a fine of not less       |
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15|than Five Hundred Dollars ($500.00) nor more than Five Thousand        |
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16|Dollars ($5,000.00), or both such fine and imprisonment.  As used in   |
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17|this subsection, "enabling child neglect" means the causing,           |
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18|procuring or permitting of a willful or malicious act of child         |
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19|neglect, as defined by paragraph 47 of Section 1-1-105 of Title 10A    |
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20|of the Oklahoma Statutes, of a child under eighteen (18) years of      |
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21|age by another.  As used in this subsection, "permit" means to         |
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22|authorize or allow for the care of a child by an individual when the   |
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23|person authorizing or allowing such care knows or reasonably should    |
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arsid5663765 SB291 HFLR                                            Page 3
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 1|know that the child will be placed at risk of neglect as proscribed    |
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 2|by this subsection.                                                    |
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 3|    E.  Any parent or other person who shall willfully or              |
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 4|maliciously engage in child sexual abuse shall, upon conviction, be    |
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 5|punished by imprisonment in the custody of the Department of           |
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 6|Corrections not exceeding life imprisonment, or by imprisonment in a   |
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 7|county jail not exceeding one (1) year, or by a fine of not less       |
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 8|than Five Hundred Dollars ($500.00) nor more than Five Thousand        |
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 9|Dollars ($5,000.00), or both such fine and imprisonment, except as     |
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10|provided in Section 51.1a of this title or as otherwise provided in    |
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11|subsection F of this section for a child victim under twelve (12)      |
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12|years of age.  Except for persons sentenced to life or life without    |
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13|parole, any person sentenced to imprisonment for two (2) years or      |
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14|more for a violation of this subsection shall be required to serve a   |
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15|term of post-imprisonment supervision pursuant to subparagraph f of    |
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16|paragraph 1 of subsection A of Section 991a of Title 22 of the         |
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17|Oklahoma Statutes under conditions determined by the Department of     |
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18|Corrections.  The jury shall be advised that the mandatory             |
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19|post-imprisonment supervision shall be in addition to the actual       |
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20|imprisonment.  As used in this section, "child sexual abuse" means     |
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21|the willful or malicious sexual abuse, which includes but is not       |
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22|limited to rape, incest, and lewd or indecent acts or proposals, of    |
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23|a child under eighteen (18) years of age by another.                   |
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arsid5663765 SB291 HFLR                                            Page 4
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 1|    F.  Any parent or other person who shall willfully or              |
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 2|maliciously engage in sexual abuse to a child under twelve (12)        |
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 3|years of age shall, upon conviction, be punished by imprisonment in    |
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 4|the custody of the Department of Corrections for not less than         |
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 5|twenty-five (25) years nor more than life imprisonment, and by a       |
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 6|fine of not less than Five Hundred Dollars ($500.00) nor more than     |
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 7|Five Thousand Dollars ($5,000.00).                                     |
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 8|    G.  Any parent or other person who shall willfully or              |
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 9|maliciously engage in enabling child sexual abuse shall, upon          |
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10|conviction, be punished by imprisonment in the custody of the          |
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11|Department of Corrections not exceeding life imprisonment, or by       |
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12|imprisonment in a county jail not exceeding one (1) year, or by a      |
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13|fine of not less than Five Hundred Dollars ($500.00) nor more than     |
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14|Five Thousand Dollars ($5,000.00), or both such fine and               |
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15|imprisonment.  As used in this subsection, "enabling child sexual      |
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16|abuse" means the causing, procuring or permitting of a willful or      |
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17|malicious act of child sexual abuse, which includes but is not         |
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18|limited to rape, incest, and lewd or indecent acts or proposals, of    |
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19|a child under the age of eighteen (18) by another.  As used in this    |
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20|subsection, "permit" means to authorize or allow for the care of a     |
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21|child by an individual when the person authorizing or allowing such    |
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22|care knows or reasonably should know that the child will be placed     |
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23|at risk of sexual abuse as proscribed by this subsection.              |
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arsid5663765 SB291 HFLR                                            Page 5
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 1|    H.  Any parent or other person who shall willfully or              |
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 2|maliciously engage in child sexual exploitation shall, upon            |
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 3|conviction, be punished by imprisonment in the custody of the          |
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 4|Department of Corrections not exceeding life imprisonment, or by       |
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 5|imprisonment in a county jail not exceeding one (1) year, or by a      |
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 6|fine of not less than Five Hundred Dollars ($500.00) nor more than     |
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 7|Five Thousand Dollars ($5,000.00), or both such fine and               |
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 8|imprisonment except as provided in subsection I of this section for    |
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 9|a child victim under twelve (12) years of age.  Except for persons     |
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10|sentenced to life or life without parole, any person sentenced to      |
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11|imprisonment for two (2) years or more for a violation of this         |
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12|subsection shall be required to serve a term of post-imprisonment      |
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13|supervision pursuant to subparagraph f of paragraph 1 of subsection    |
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14|A of Section 991a of Title 22 of the Oklahoma Statutes under           |
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15|conditions determined by the Department of Corrections.  The jury      |
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16|shall be advised that the mandatory post-imprisonment supervision      |
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17|shall be in addition to the actual imprisonment.  As used in this      |
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18|subsection, "child sexual exploitation" means the willful or           |
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19|malicious sexual exploitation, which includes but is not limited to    |
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20|allowing, permitting, or encouraging a child under eighteen (18)       |
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21|years of age to engage in prostitution or allowing, permitting,        |
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22|encouraging or engaging in the lewd, obscene or pornographic           |
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23|photographing, filming, or depicting of a child under eighteen (18)    |
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24|years of age by another.                                               |
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arsid5663765 SB291 HFLR                                            Page 6
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 1|    I.  Any parent or other person who shall willfully or              |
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 2|maliciously engage in sexual exploitation of a child under twelve      |
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 3|(12) years of age shall, upon conviction, be punished by               |
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 4|imprisonment in the custody of the Department of Corrections for not   |
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 5|less than twenty-five (25) years nor more than life imprisonment,      |
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 6|and by a fine of not less than Five Hundred Dollars ($500.00) nor      |
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 7|more than Five Thousand Dollars ($5,000.00).                           |
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 8|    J.  Any parent or other person who shall willfully or              |
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 9|maliciously engage in enabling child sexual exploitation shall, upon   |
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10|conviction, be punished by imprisonment in the custody of the          |
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11|Department of Corrections not exceeding life imprisonment, or by       |
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12|imprisonment in a county jail not exceeding one (1) year, or by a      |
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13|fine of not less than Five Hundred Dollars ($500.00) nor more than     |
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14|Five Thousand Dollars ($5,000.00), or both such fine and               |
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15|imprisonment.  As used in this subsection, "enabling child sexual      |
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16|exploitation" means the causing, procuring or permitting of a          |
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17|willful or malicious act of child sexual exploitation, which           |
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18|includes but is not limited to allowing, permitting, or encouraging    |
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19|a child under eighteen (18) years of age to engage in prostitution     |
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20|or allowing, permitting, encouraging or engaging in the lewd,          |
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21|obscene or pornographic photographing, filming, or depicting of a      |
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22|child under eighteen (18) years of age by another.  As used in this    |
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23|subsection, "permit" means to authorize or allow for the care of a     |
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24|child by an individual when the person authorizing or allowing such    |
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arsid5663765 SB291 HFLR                                            Page 7
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 1|care knows or reasonably should know that the child will be placed     |
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 2|at risk of sexual exploitation as proscribed by this subsection.       |
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 3|    K.  Notwithstanding any other provision of law, any parent or      |
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 4|other person convicted of forcible anal or oral sodomy, rape, rape     |
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 5|by instrumentation, or lewd molestation of a child under fourteen      |
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 6|(14) years of age subsequent to a previous conviction for any          |
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 7|offense of forcible anal or oral sodomy, rape, rape by                 |
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 8|instrumentation, or lewd molestation of a child under fourteen (14)    |
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 9|years of age shall be punished by death or by imprisonment for life    |
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10|without parole.                                                        |
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11|    L.  Provided, however, that nothing contained in this section      |
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12|shall prohibit any parent or guardian from using reasonable and        |
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13|ordinary force pursuant to Section 844 of this title.                  |
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14|    SECTION 2.  This act shall become effective November 1, 2019.      |
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16|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY, dated 04/02/2019 - DO     |
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arsid5663765 SB291 HFLR                                            Page 8
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