Tuesday, October 25, 2016

Is it Child Abuse to Spank My Kids in California?

Section 273a of the California Penal Code prohibits child abuse.  Violating PC 273a can be treated as a misdemeanor or a felony, depending on the circumstances.  That code section partially defines "child abuse" as "causing or permitting a child to suffer unjustifiable pain and suffering". The operative word there is "unjustifiable".

Of course, there are situations where you may be entirely justified in causing your child to suffer some pain and suffering.  That's essentially what spanking is -- inflicting a reasonable amount of pain as a form of discipline.

In order to be considered lawful in California, spanking must be done under reasonable circumstances and without using excessive force. I understand that this is a completely subjective standard. What might be "reasonable" in your home might shock a young prosecutor in the DA's office. To determine whether or not a particular case warrants the filing of criminal charges, the DA will consider how and why the child was punished, the child's age, the degree of force that was used, whether or not the punishment caused any injuries, and other relevant considerations. Ultimately, a jury will decide whether or not the spanking was "reasonable" and lawful.

The California Attorney General and case law have affirmed parents' right to spank their children using an object other than their hand (a belt, a wooden spoon, etc.), as long as the punishment is necessary and not excessive under the circumstances.

Regardless of your personal philosophy of parenting and opinions on spanking, be advised that corporal punishment is legal in California as long as it is done by reasonable force and under reasonable circumstances.

If you or a loved one has questions about child abuse or spanking in California, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Child Abuse Lawyer