Date: 08-19-2014

Case Style: State of Oklahoma v. Daren Stephen Nashburn and Melissa Sue Nashburn

Case Number: CF-2014-443

Judge: James Caputo

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kali Strain

Defendant's Attorney: Tulsa Public Defender for Daren Stephen Nashburn

Richard Ravits for Melissa Sue Nashubrn

Description: Tulsa, OK - The State of Oklahoma charged Daren Stephen Nashburn and Melissa Sue Nashburn with to counts of child neglect in violation of 21 O.S. 843.5, which provides:



A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.

B. Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment. As used in this subsection, "enabling child abuse" means the causing, procuring or permitting of a willful or malicious act of harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection.

C. Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child neglect" means the willful or malicious neglect, as defined by paragraph 47 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.

D. Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child neglect" means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 47 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.

E. Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment, except as provided in Section 51.1a of this title or as otherwise provided in subsection F of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this section, "child sexual abuse" means the willful or malicious sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under eighteen (18) years of age by another.

F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).

G. Any parent or other person who shall willfully or maliciously engage in enabling child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse as proscribed by this subsection.

H. Any parent or other person who shall willfully or maliciously engage in child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment except as provided in subsection I of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this subsection, "child sexual exploitation" means the willful or malicious sexual exploitation, which includes but is not limited to allowing, permitting, or encouraging a child under eighteen (18) years of age to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under eighteen (18) years of age by another.

I. Any parent or other person who shall willfully or maliciously engage in sexual exploitation of a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).

J. Any parent or other person who shall willfully or maliciously engage in enabling child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child sexual exploitation" means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, which includes but is not limited to allowing, permitting, or encouraging a child under eighteen (18) years of age to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.

K. Notwithstanding any other provision of law, any parent or other person convicted of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age subsequent to a previous conviction for any offense of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age shall be punished by death or by imprisonment for life without parole.

L. Provided, however, that nothing contained in this section shall prohibit any parent or guardian from using reasonable and ordinary force pursuant to Section 844 of this title.

Outcome: 08-15-2014 CONVICTED 1 NASHBURN, DAREN STEPHEN 91009655 Aug 20 2014 11:26:54:500AM - $ 0.00
JUDGE JAMES CAPUTO: DEFENDANT PRESENT IN CUSTODY, REPRESENTED BY PUBLIC DEFENDER ADAM HASELGREN. STATE REPRESENTED BY KALI STRAIN. COURT REPORTER: TINA ROSE. DEFENDANT SWORN WAIVES JURY TRIAL, NON-JURY TRIAL. DEFENDANT ENTERS PLEA OF GUILTY, COURT ACCEPT SAID PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO SIX (6) YEARS DEPARTMENT OF CORRECTIONS WITH SIX (6) MONTHS IN TULSA COUNTY JAIL AND FIVE (5) YEARS SIX (6) MONTHS SUSPENDED FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED. RULES AND CONDITIONS OF PROBATION SIGNED TO BE SUPERVISED BY PROBATION & PAROLE. DEFENDANT ADVISED OF 991C COSTS TO PROSECUTION. DEFENDANT TO FOLLOW ISP IN JUVENILE CASE JDH-14-50. DEFENDANT ADVISED THIS IS AN 85% CRIME. DEFENDANT ADVISED OF APPEAL RIGHTS, JUDGMENT AND SENTENCE ISSUED. RULE 8 HEARING SIGNED. DEFENDANTG TO REPORT TO COSTS ADMINISTRATION AND PROBATION & PAROLE BY 5:00 P.M. 8-18-2014. RELEASE ISSUED.

08-18-2014 CONVICTED 2 NASHBURN, MELISSA SUE 91052575 Aug 20 2014 11:26:40:540AM - $ 0.00
JUDGE JAMES CAPUTO: DEFENDANT PRESENT REPRESENTED BY RICHARD RAVITS. STATE REPRESENTED BY KALI STRAIN. COURT REPORTER: TINA ROSE. DEFENDANT SWORN WAIVES JURY TRIAL, NON-JURY TRIAL. DEFENDANT ENTERS PLEA OF GUILTY, COURT ACCEPTS SAID PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO SIX (6) YEARS DEPARTMENT OF CORRECTIONS WITH FOUR (4) MONTHS TULSA COUNTY JAIL IN CUSTODY AND FIVE (5) YEARS EIGHT (8) MONTHS SUSPENDED FIEND $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. RULES AND CONDITIONS SIGNED TO BE SUPERVISED BY PROBATION & PAROLE. DEFENDANT ADVISED OF 991C COSTS TO PROSECUTION. DEFENDANT TO FOLLOW IPS IN JUVENILE CASE JDH-14-50. DEFENDANT ADVISED THIS IS AN 85% CRIME. DEFENDANT ADVISED OF APPEAL RIGHTS, JUDGMENT AND SENTENCE ISSUED. RULE 8 HEARING SIGNED. BOND EXONERATED.

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Defendant's Experts:

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