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Alabama
[The Code of Alabama 1975]
Parent/guardian/person responsible for care and supervision of a minor/
teacher or other person responsible for care and supervision of a minor for
a special purpose may use reasonable and appropriate physical force when and
to the extent he reasonably believes it necessary and appropriate to
maintain discipline or promote welfare of the child.
§ 13A-3-24. [Criminal Code]
[See also: Endangering welfare of child. Section 13A-13-6]
Alaska
[Alaska Statutes]
When and to the extent reasonably necessary and appropriate to promote the
welfare of the child or incompetent person, a parent, guardian, or other
person entrusted with the care and supervision of a child under 18 years of
age or an incompetent person may use reasonable and appropriate non deadly
force upon that child or incompetent person.
§ 11.81.430. [Criminal Code]
Arizona
[Arizona Revised Statutes]
A parent or guardian and a teacher or other person entrusted with the care
and supervision of a minor or incompetent person may use reasonable and
appropriate physical force upon the minor or incompetent person when and to
the extent reasonably necessary and appropriate to maintain discipline.
§ 13-403. [Criminal Code]
Arkansas
[Arkansas Code Statutes]
Abuse does not include physical discipline of a child if reasonable and
moderate and inflicted by a parent or guardian for restraining or correcting
a child. Listed as not reasonable or moderate for correcting or restraining
fist, shaking a child under 3, striking or other actions which result in any
non-accidental injury to a child less than 18 months, interfering with a
child's breathing, threatening a child with a deadly weapon, striking a
child on the face, or any other act that is likely to cause bodily harm
greater than transient pain or minor temporary marks. [Statute says this is
an illustrative and not exclusive list]. Age, size, condition of the child,
and the location of the injury and frequency or recurrence of injuries shall
be considered in determining "reasonable" or "moderate."
§ 9-27-303(B). [Civil Code]
Parent/teacher/guardian/other with care and supervision of a minor may use
reasonable and appropriate physical force when and to the extent reasonably
necessary to maintain discipline or promote the welfare of the child.
§ 5-2-605(l). [Criminal Code]
If the belief that the force is necessary is a reckless or negligent belief,
than the above offers no defense to a crime if the culpability of that
crime is proven by showing recklessness or negligence.
Justification is not available if person recklessly or negligently injured
or created a substantial risk of injury to a person.
§ 5-2-614. [Criminal Code]
California
[California Statutes]
Law not intended to prohibit the use of reasonable methods of parental
discipline, or to prescribe a particular method of parenting. Serious
physical harm does not include reasonable and age-appropriate spanking to
the buttocks where there is no evidence of serious physical injury.
Welfare and Institutions Code § 300. [Civil Code]
Abuse includes unlawful corporal punishment or injury.
Penal Code § 11165.6. [Criminal Code]
"Unlawful corporal punishment or injury" is any person willfully inflicting
upon a child any cruel or inhuman corporal punishment or injury resulting in
a traumatic condition.
Penal Code § 11165.4. [Criminal Code]
Colorado
[Colorado Revised Statutes]
Any investigation of child abuse shall take into account the child-rearing
practices of the child's culture. Child abuse and neglect does not include
acts which can be reasonably construed to be a reasonable exercise of
parental discipline.
§ 19-1-303(l). [Civil Code]
A continued pattern of conduct which results in cruel punishment or
accumulation of injury which results in death or serious bodily injury is
child abuse.
§ 18-6-401. [Criminal Code]
Parent/guardian/ person with care and supervision of minor can use
reasonable and appropriate physical force, if it is reasonably necessary and
appropriate to maintain or promote welfare of child.
§ 18-1-703. [Criminal Code]
Connecticut
[General Statutes of Connecticut]
It is abuse if having control and custody of a child under sixteen (16) one
cruelly or unlawfully punishes.
§ 53-20. [Criminal Code] Parent/guardian/person with care and supervision
of a minor (other than a teacher) may use reasonable physical force, when
and to the extent that he reasonably believes necessary to maintain
discipline or promote welfare of minor.
§ 53a-18. [Criminal Code]
Delaware
[Online Delaware Code]
Force is justifiable if reasonable and moderate and by parent/guardian/
foster parent/legal custodian/other similar person responsible for care and
supervision. Force must be: -- For purpose of safeguarding or promoting
welfare of child, including prevention or punishment of misconduct, and --
Intended to benefit child. Reasonable and moderate is determined in light of
force. Force is not justified if it consists of: -- Throwing child, kicking,
burning, cutting, striking with a closed fist, interfering with breathing,
use of or threatened use of deadly weapon, prolonged deprivation of
sustenance or medication, any act likely to cause or causing physical injury
, disfigurement, mental distress, unnecessary degradation or substantial
risk of serious physical injury or death. Criminal § 468. [Criminal Code]
District of Columbia
[District of Columbia Official Code]
Abuse includes excessive corporal punishment.
§ 6-2101. [Civil Code] Abuse includes when a parent/guardian/custodian
inflicts or fails to make reasonable efforts to prevent the infliction of
physical or mental injury, including excessive corporal punishment.
§ 16-2301. [Civil Code]
Florida
[The Florida Statutes]
"Abuse" means any willful act or threatened act that results in any physical
, mental, or sexual injury or harm that causes or is likely to cause the
child's physical, mental, or emotional health to be significantly impaired.
Abuse of a child includes acts or omissions. Corporal discipline of a child
by a parent or legal custodian for disciplinary purposes does not in itself
constitute abuse when it does not result in harm to the child.
§ 39.01(2) [Civil Code]
"Harm" to a child occurs when the parent or other person responsible for the
child's welfare inflicts or allows to be inflicted upon the child physical,
mental, or emotional injury. The following factors must be considered in
evaluating any injury: prior injuries; location; multiplicity; and type of
trauma. Such injury include, but are not limited to willful acts that
produce the following specific injuries: sprains, dislocations, or cartilage
damage; bone or skull fractures; brain or spinal cord damage; intracranial
hemorrhage or injury to other internal organs; asphyxiation, suffocation, or
drowning; injury resulting from the use of a deadly weapon; burns or
scalding; cuts, lacerations, punctures, or bites; permanent or temporary
disfigurement; or permanent or temporary loss or impairment of a body part
or function. "Willful" refers to the intent to perform an action, not to
achieve a particular result or an intent to cause an injury.
§ 415.503. [Civil Code]
Georgia
[Georgia Code]
Physical forms of discipline may be used as long as there is no physical
injury to the child.
Secs. 19-7-5/19-15- 1/49-5-180. [Civil Code] Parent or person in loco
parentis reasonably disciplining of a minor has a justification for a
criminal prosecution based on that conduct.
§ 16-3-20. [Criminal Code]
Hawaii
[Hawaii Revised Statutes]
Parent/guardian/person responsible for general care and supervision of minor
/person acting at request of above may use force if. -- employed with due
regard for age and size of minor and reasonably related to purpose of
safeguarding or promoting welfare of minor, including prevention or
punishment of minor's conduct, and -- not designed to cause or known to
create a risk of causing substantial bodily injury, disfigurement, extreme
pain, mental distress, or neurological damage.
§ 703-309. [Criminal Code]
Idaho
[Idaho Statutes]
Abuse includes physical cruelty in excess of that required for reasonable
disciplinary purposes, inflicted by a parent or other person in whom legal
custody is vested.
§ 16-2002. [Civil Code]
Illinois
[Illinois Compiled Statutes]
An "abused child" includes any child whose parent/immediate family member/
person responsible for the child's welfare/individual residing in the same
house/paramour of child's parent inflicts excessive corporal punishment.
Secs. 325 5/3/ [Civil Code]
Indiana
[Indiana Revised Code]
Law does not limit right of parent/guardian/custodian to use reasonable
corporal punishment when disciplining a child.
§ 31-34-1-15. [Civil Code]
Iowa
[Iowa Code]
Child endangerment includes using unreasonable force, torture, or cruelty
which results in physical injury, is intended to cause serious injury, or
causes substantial mental or emotional harm.
§ 726.6. [Criminal Code]
Kansas
[Kansas Statutes]
Abuse includes cruel and inhuman corporal punishment.
§ 21-3609. [Criminal Code]
Kentucky
[Kentucky Revised Statutes]
Parent/guardian/person/teacher with care and supervision of minor can use
force if person believes force necessary for welfare of child and force is
not designed to cause or known to cause a substantial risk of causing death,
serious physical injury, disfigurement, extreme pain, or extreme mental
distress.
§ 503.110. [Criminal Code]
Louisiana
[Louisiana Laws]
In determining abuse the agency should take into account that an injury may
have resulted from what might be considered reasonable discipline for a
child's misbehavior. Children's Code Art. 615(A). [Civil Code] Parent/tutor/
teacher reasonably disciplining a minor has a defense to a criminal
prosecution based on that conduct. § 14:18. [Criminal Code]
Maine
[Maine Revised Statutes]
It is a crime for parent, guardian, or other person with care and custody of
a child to cruelly treat a child by extreme punishment. 17-A Part 2,
Chapter 23 § 554(1)(B-1) Endangering the welfare of a child. [Criminal Code]
Title 17-A, Chapter 5 § 106 — Physical force by persons with special
responsibilities
A parent, foster parent, guardian or other similar person responsible for
the long term general care and welfare of another person is justified in
using a reasonable degree of force against such other person when and to the
extent the person reasonably believes it necessary to prevent or punish
such other person's misconduct. A person to whom such parent, foster parent,
guardian or other responsible person has expressly delegated permission to
so prevent or punish misconduct is similarly justified in using a reasonable
degree of force.
Maryland
[Maryland: Michie's Legal Resources]
Nothing in this subtitle shall be construed to prohibit reasonable
punishment, including reasonable corporal punishment, in light of the age
and condition of the child, from being performed by a parent or stepparent
of the child.
§ 4-501. [Civil Code]
Massachusetts
[The General Laws of Massachusetts]
In Massachusetts, there is no specific list of actions that constitute abuse
. Moreover, a parent doesn't have to injure a child to be reported - as long
"as the substantial risk of harm" is there. "The legislature has balanced
opposing societal viewpoints," says Juliana Rice, an assistant attorney
general representing the commissioner of the DSS. Recognizing that "what may
be harmful for one child may not be harmful for another," the law does not
define abuse in terms of parental conduct, but rather on the degree of harm
to the child.
"Abuse" is defined as, the willful infliction of injury, unreasonable
confinement, intimidation, including verbal or mental abuse, or punishment
with resulting physical harm, pain or mental anguish or assault and battery;
provided, however, that verbal or mental abuse shall require a knowing and
willful act directed at a specific person.
Chapter III: Section 72F. Public Health - Hospitals
Michigan
[Michigan Legislative Council Chapter Index]
Parent/guardian/other person permitted by law, parent, or guardian can
reasonably discipline a child, including the use of reasonable force. § 750
.136b.. [Criminal Code]
[Michigan: MCL Chapter Index]
Minnesota
Minnesota Statutes
Parent/legal guardian/caretaker who intentionally uses unreasonable force or
cruel discipline that is excessive under the circumstances is guilty of
malicious punishment.
§ 609.377. [Criminal Code] Parent/legal guardian/teacher/caretaker of child
or pupil can use reasonable force to restrain or correct a child or pupil.
§ 609.379. [Criminal Code]
Mississippi
Mississippi Code
Physical discipline (not to include any form of sexual abuse) performed on a
child by a parent, guardian or custodian shall only be deemed to be abuse
under this paragraph when a licensed physician has determined that physical
injury has occurred. § 97-5-39(2(m)). [Criminal Code]
Missouri
[Missouri Revised Statutes]
Discipline including spanking, administered in a reasonable manner, is not
abuse.
§ 210.110. [Civil Code]
Force justified if by parent/guardian/other person with care and supervision
of minor if- -- Person believes force necessary to promote welfare of minor
, and -- Force used is not designed to cause or believed to create a
substantial risk of causing death, serious physical injury, disfigurement,
extreme pain, or extreme emotional distress.
§ 563.061. [Criminal Code]
Montana
Montana Code
"Physical abuse" is defined as "substantial skin bruising, internal bleeding
, substantial injury to skin, subdural hematoma, intentional burns, bone
fractures, extreme pain, permanent or temporary disfigurement, impairment of
any bodily organ or function, or death if the injury or death is not
accidental." § 41-3-102. [Civil Code] Parent or authorized agent of parent/
guardian/master/teacher is justified to use force if reasonable and
necessary to restrain or correct child.
§ 45-3-107. [Criminal Code]
Nebraska
Nebraska Revised Statutes
It is abuse to knowingly, intentionally, or negligently cause or permit a
child to be cruelly punished.
§ 28-710. [Criminal Code] Parent/guardian/person responsible for care and
supervision/person acting at one of the above's request is justified to use
force on a minor if for the purpose of safeguarding or promoting the welfare
of minor, including prevention or punishment of misconduct, but not
designed to cause or known to create a substantial risk of causing death,
serious bodily harm, disfigurement, extreme pain, mental distress, or gross
degradation.
§ 28-1413. [Criminal Code] If the belief that the force is necessary is a
reckless or negligent belief, than the above offers no defense to a crime,
if the culpability of that crime is proven by showing recklessness or
negligence. Justification is not available if person recklessly or
negligently injured or created a substantial risk of injury to a person.
§ 28-1414. [Criminal Code]
Nevada
Nevada Revised Statutes
Excessive corporal punishment may cause physical or mental injuries which
constitute abuse.
§ 432B.150. [Civil Code] "Injury" to a child occurs when a parent/guardian/
custodian inflicts or allows to be inflicted upon a child physical, mental,
or emotional injuries sustained as a result of excessive corporal punishment.
§ 128.013. [Civil Code]
New Hampshire
New Hampshire Statutes
Parent/guardian/person/teacher responsible for general care and welfare of
minor may use force against minor when and to the extent that he reasonably
believes it necessary to prevent or punish minor's misconduct. No defense
available for malicious or reckless use of force that creates risk of death,
serious bodily injury, or substantial pain. § 627:6. [Criminal Code]
New Jersey
New Jersey Permanent Statutes
Cruelty to a child includes inflicting unnecessarily severe corporal
punishment upon a child.
§ 9:6-1. [Civil Code] "Abuse" includes a parent, guardian, or other person
with control or custody inflicting excessive corporal punishment (which must
be excessive to the point that the child's physical, mental, or emotional
condition has been impaired or is in imminent danger of becoming impaired as
a result).
§ 9:6-8.9. [Civil Code] Person with responsibility for care, supervision,
discipline, or safety of another may use force against them if for the
purpose of and to the extent necessary to further the responsibility.
§ 2C:3-8. [Criminal Code] Justification is not available if the person
recklessly or negligently injures or creates a risk of injury.
§ 2C: 3-9. [Criminal Code]
New Mexico
New Mexico Statutes
An abused child includes one who has been cruelly punished by a parent/
guardian/ custodian.
§32A-1-4(B). [Civil Code] Abuse includes knowingly, intentionally, or
negligently permitting or causing a child to be cruelly punished.
§ 30-6-1. [Criminal Code]
New York
Laws of New York
Neglecting a child includes unreasonably inflicting or allowing the
infliction of harm or substantial risk thereof, including excessive corporal
punishment. Family Court § 1012. [Civil Code] Parent/guardian/other person
with care and supervision of person under 21, can use non-deadly physical
force when and to the extent he reasonably believes necessary to maintain
discipline or promote welfare of person force performed upon. Penal § 35:10
. [Criminal Code]
North Carolina
North Carolina General Statutes
Abuse includes infliction of a serious physical injury by other than
accidental means; creating a substantial risk of such injury by other than
accidental means; and using cruel or grossly inappropriate procedures or
devices to modify behavior. Juvenile § 7B-101(1). [Civil Code]
North Carolina does allow parents to physically discipline their children.
Following is the guidance that is within our Child Protective Services
Manual for county Department of Social Services, parents and individuals to
review and follow:
"Parents have a right to discipline their children. Done appropriately,
spanking and the use of corporal punishment are not considered child abuse.
Corporal punishment, commonly referred to as physical discipline or spanking
, is the application of physical force, including striking with the hand or
with an object, against the body of another. However, significant trauma and
tissue damage, such as bruises, welts, or lacerations may be signs of child
neglect (inappropriate discipline) or child abuse, depending on the extent
of the injuries.
Factors to consider regarding bruising include: location and severity of the
injury, child's age and developmental stage, and whether the bruises are
consistent with normal play. Injuries such as these, not resulting from an
accident, must be assessed. A definition of significant trauma is any injury
beyond temporary redness of the skin. A practical guideline to use is that
any inflicted injury which lasts more than 24 hours constitutes significant
injury and requires an investigation."
Thank you for contacting the DSS Website with your inquiry. If there is a
need to contact this office again, I can be reached by phone at the number
listed below or via e-mail.
Valarie J.
North Carolina Division of Social Services
North Dakota
North Dakota Century Code
"Harm" includes injuries sustained from excessive corporal punishment. § 50
-25.1-02. [Civil Code] Parent/guardian/other person responsible for care and
supervision of minor/person acting at direction of the above can use
reasonable force on a minor for safeguarding or promoting his welfare,
including prevention or punishment of his misconduct and maintenance of
proper discipline. Force does not have to be "necessary," but cannot create
substantial risk of death, serious bodily injury or disfigurement, or gross
degradation.
§ 12.1-05-05. [Criminal Code]
Ohio
Ohio Revised Code
Not abuse if not prohibited under law prohibiting endangering children. "
Endangering children" is administering corporal punishment or other physical
discipline, or physically restraining the child in a cruel manner or for a
prolonged period if the punishment or discipline is excessive under the
circumstances and creates a substantial risk of serious physical harm to the
child.
§ 2151.031. [Civil Code] It is a criminal act to administer corporal
punishment or other physical discipline, or to physically restrain the child
in a cruel manner or for a prolonged period if it is excessive under the
circumstances and creates a substantial risk of serious physical harm to the
child. It is a criminal act to administer unwarranted disciplinary measures
to child if there is a substantial risk that if conduct is continued it
will seriously impair the child's health or development.
§ 2919.22. [Criminal Code]
Oklahoma
[Oklahoma Code]
Parents/teachers/other persons can use ordinary force as a means of
discipline, including but not limited to spanking, switching, or paddling.
21 § 844. [Criminal Code] Criminal penalty for using unreasonable force
upon a child under 18. 10 § 7115. [Criminal Code]
Oregon
[Oregon Revised Statutes]
Physical force is justified if parent/guardian/other person with the care
and supervision of a minor uses reasonable force when and to the extent the
person reasonably believes necessary to maintain discipline or promote
welfare of minor.
§ 161.205. [Criminal Code]
Pennsylvania
[The Pennsylvania Code]
Parents can use reasonable supervision and control when raising their
children. 23 § 6302. [Civil Code] Parent/guardian/person responsible for
general care and supervision/ person acting at request of the above may use
force for the purpose of safeguarding or promoting welfare of minor
including the prevention or punishment of his misconduct, if the force is
not designed to cause or known to create a substantial risk of causing death
, serious bodily injury, disfigurement, extreme pain, mental distress, or
gross degradation. 18 § 509. [Criminal Code]
Rhode Island
[State of Rhode Island General Laws]
Abuse occurs when a child's physical or mental welfare is harmed or
threatened by a parent or person responsible for child's welfare, by means
including excessive corporal punishment which causes physical or mental
injury or creates or allows to be created a substantial risk of physical or
mental injury. §40-11-2. [Civil Code] Serious physical injury is any injury
, other than a serious bodily injury, arising from other than non-excessive
corporal punishment. §11-9-5.3. [Criminal Code]
South Carolina
[South Carolina Code of Laws]
"Harm" includes excessive corporal punishment. "Harm" does not include
corporal punishment or physical discipline if- Administered by a parent or
person acting in place of a parent, Perpetrated for the sole purpose of
restraining or correcting, Force is reasonable in manner and moderate in
degree, There is no permanent damage, and Behavior is not reckless or
grossly negligent. § 20-7-490. [Civil Code]
South Dakota
[South Dakota Codified Laws]
It is abuse to cruelly punish.
§ 26-10-1. [Criminal Code] Parent/guardian/teacher/school official can use,
attempt, or offer to use force if reasonable in manner and moderate in
degree, and used to restrain or correct as necessitated by misconduct or
refusal to obey a lawful command.
§22-18-5 [Criminal Code]
Tennessee
[Tennessee Code]
Permits criminal charges against a parent/guardian/custodian who administers
"unreasonable" corporal punishment which causes "injury" to the child.
§ 39-15-401 [Criminal Code]
Texas
[Texas Statutes]
Abuse does not include reasonable discipline by a parent/guardian/managing
or possessory conservator if child not exposed to substantial risk of harm.
Family Code § 261.001. [Civil Code] Parent/stepparent/person standing in
loco parentis to child is justified to use non-deadly force against a child
under 18 when and to degree the actor reasonably believes necessary to
discipline, or safeguard or promote child's welfare. Penal § 9.61. [
Criminal Code]
Texas Law Help - An online resource for free and low-cost civil legal
assistance for those who cannot afford legal help. Learn about your rights,
self-help resources, and legal aid.
Utah
[Utah Code]
Force is justified if used for reasonable discipline of a minor by parent/
guardian/teacher /person standing in loco parentis.
§ 76-2-401. [Criminal Code]
Vermont
[Vermont Statutes]
An "abused or neglected child" means a child whose physical health,
psychological growth and development or welfare is harmed or is at
substantial risk of harm by the acts or omissions of his or her parent or
other person responsible for the child's welfare. An "abused or neglected
child" also means a child who is sexually abused or at substantial risk of
sexual abuse by any person. Code § 33.4912 [Civil Code]
Virginia
[Code of Virginia]
In a 2002 opinion, by Judge Richard S. Bray, in Gary Santos Guzman v.
Commonwealth of Virginia, several precedents are cited regarding the line
between corporal punishment and abuse. Although the references do not
explicitly state "it is ok to spank a child," the verbiage clearly implies
that in the eyes of the state, circumstances exist in which corporeal
punishment can be administered without being considered abuse:
[W]here a question is raised as to whether punishment had been moderate or
excessive, the fact is one for the [fact finder] to determine from the
attending circumstances, considering the age, size and conduct of the child,
the nature of the misconduct, and the kind of marks or wounds inflicted on
the body of the child. [Harbaugh v. Commonwealth, (1969); see also Carpenter
v. Commonwealth, (1947)].
The formatting of this online document makes the references a little unclear
, but for more information, visit the Virginia Judicial System's webpage.
In addition, a 2008 Wiki Answer to the question "Is it legal to spank your
children in Virginia" suggests Spanking is allowed in all states; the line
between permitted corporal punishment and what is legally defined as abuse
varies by state and is not always clear (laws typically allow "reasonable
force" and "non-excessive corporal punishment"). It goes on to quote the
verbiage above from Carpenter v. Commonwealth.
Washington
Physical discipline is not unlawful if reasonable and moderate and inflicted
by parent /teacher/guardian for restraint or correction. Presumed
unreasonable if the following are used to correct/ restrain: -- Throwing,
kicking, burning, cutting, striking with a closed fist, shaking a child
under 3, interfering with breathing, threatening with a deadly weapon, any
other act likely to cause and which does cause bodily harm greater than
transient pain or minor temporary marks. [Statute says this list is
illustrative and not exclusive]. Age, size,condition of child, and location
of injury are all factors in determining "reasonable" and "moderate." § 9A.
16.100. [Criminal Code]
West Virginia
Physical injury can include that which is the result of excessive corporal
punishment.
§ 49-1-3 [Civil Code]
Wisconsin
Use of force is justified when actor's conduct is reasonable discipline of a
child by a person responsible for child's welfare. Reasonable discipline
may involve only such force as a reasonable person believes is necessary.
Never reasonable to use force intended to cause great bodily harm or death,
or which creates an unreasonable risk of great bodily harm or death.
§ 939.45. [Criminal Code]
Wyoming
[Wyoming Code]
Abuse include excessive or unreasonable corporal punishment.
§ 14-3-202. [Civil Code]
A "neglected child" includes one abused by the infliction of physical or
mental injury including excessive or unreasonable corporal punishment.
§ 14-6-201. [Civil Code]
Same definition as civil abuse definition.
§ 6-2-503. [Criminal Code]
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Last Updated April 16, 2010 |
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