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An Act
ENROLLED HOUSE
BILL NO. 1731 By: Moore of the House
and
Weaver of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 852.1, which relates to child
endangerment; clarifying when a person commits child
endangerment; and providing an effective date.
SUBJECT: Crimes and punishments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 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 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
ENR. H. B. NO. 1731 Page 2
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.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 1731 Page 3
Passed the House of Representatives the 4th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________