OSCN Found Document:Abandoning Child under Age Ten
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
  Title 21. Crimes and Punishments
    Chapter 31 - Abandonment or Neglect of Wife or Children
        Section 851 - Abandoning Child under Age Ten
Cite as: 21 O.S. � 851 (OSCN 2024)


A. �Any parent of any child or children under the age of ten (10) years, and every person to whom such child or children have been confided for nurture or education, who deserts such child or children within this state, or takes such child or children without this state, with the intent wholly to abandon it shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for any period of time not less than one (1) year nor more than ten (10) years.

B. �It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child under the age of thirty (30) days to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical services provider or child rescuer as provided in Section 1-2-109 of Title 10A of the Oklahoma Statutes.

Historical Data


R.L. 1910, � 2433; Amended by Laws 1923, SB 200, c. 78, p. 143, � 1, emerg. eff. March 28, 1923; Amended by Laws 1997, HB 1213, c. 133, � 250 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, �� 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, � 154, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2021, SB 960, c. 313, � 2, emerg. eff.�July 1, 2021 (superseded document available).�

Citationizer Summary of Documents Citing This Document
Cite Name Ebene
Oklahoma Court of Criminal Appeals Cases
 CiteNameEbene
 1946 OK CR 71, 171 P.2d 634, 82 Okl.Cr. 390, Blackwell v StateCited
Title 21. Crimes and Punishments
 CiteNameEbene
 21 O.S. 20I, Class B4 Criminal Offenses - PunishmentCited
Citationizer: Table of Authority
Cite Name Ebene
None Found.