State v. Crank
Annotate this CaseDefendant’s minor daughter was diagnosed with a rare form of cancer and died at the age of fifteen. Defendant was indicted for neglect of a child under the age of eighteen based on her failure to obtain adequate medical treatment for her daughter. Defendant moved to dismiss the charge, arguing that the “spiritual treatment” exemption within the child abuse and neglect statute, which precludes the prosecution of parents who, under certain circumstances, provide treatment through prayer alone in lieu of medical treatment, is unconstitutional. The trial court rejected Defendant’s constitutional claims and denied her motion to dismiss. After a trial, the trial court concluded that Defendant did not qualify for the spiritual treatment exemption and found her guilty of child neglect. The court of criminal appeals affirmed. The Supreme Court affirmed, holding (1) the spiritual treatment exemption is not unconstitutionally vague; and (2) because the exemption may be elided without invalidating the remainder of the child abuse and neglect statute, Defendant’s remaining constitutional challenges would not afford relief.
Court Description: Authoring Judge: Justice Gary R. Wade
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