In November 2011, Amy Holder was found guilty of felony child abuse in connection with the death of 2 year old Naomi Whitecrow. Her sentence: $5000 fine. Is this what our children's lives are worth?

Support Naomi's law. This law would allow for harsher punishments in the case of felony child abuse and would allow judges to change sentences should they not feel that the jury recommendation is enough. Protect our children. Make their lives worth more than $5000.

Currently Oklahoma Stat. Tit. 10 7115 (A) reads:

... 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 malicious abuse, as defined by paragraph 1 of subsection B of Section 7102 of this title, 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.

NAOMI’S LAW would read: Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by a MINIMUM OF 5 YEARS IN PRISON UP TO LIFE AND/OR BY A FINE OF NOT LESS THAN $5,000 NOR MORE THAN $10,000. As used in this subsection, “child abuse” means the willful or malicious abuse, as defined by paragraph 1 of subsection B of Section 7102 of this title, 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.

Continuing with Okla. Stat. Ann. tit. 22, 926.1
Assessment of punishment by jury
In all cases of a verdict of conviction for any offense against any of the laws of the State of Oklahoma, the jury may, and shall upon the request of the defendant assess and declare the punishment in their verdict within the limitations fixed by law, and the court shall render a judgment according to such verdict, except as hereinafter provided.

Okla. Stat. Ann. Tit. 22, 927.1
Punishment assessed by court
Where the jury finds a verdict of guilty, and fails to agree on the punishment to be inflicted, or does not declare such punishment by their verdict, the court shall assess and declare the punishment and render the judgment accordingly.

NAOMI’S LAW would enlarge on Okla. Stat. Ann. Tit. 22, 927.1 to read:
Punishment assessed by court
Where the jury finds a verdict of guilty, and fails to agree on the punishment to be inflicted or does not declare such punishment by their verdict, the court shall assess and declare the punishment and render the judgment accordingly. IN ALL CASES WHERE A JURY FINDS A VERDICT OF GUILTY THE PRESIDING JUDGE MAY AND CAN INCREASE THE PUNISHMENT ABOVE THE PUNISHMENT RENDERED BY A JURY.

Thanks to Rosemary Stephens for writing this proposed legislation.