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All Rights Reserved. Disclaimer Sitemap Privacy Policy. Dana Lim, Esq. Data shows that the percentage of parents using corporal punishment is slowly declining. According to a study published in the Journal of Child and Family Studies , approximately 37 percent of children under 18 were spanked by a parent or guardian in It is important for any parent choosing to employ corporal punishment to understand when spanking or other physical punishments may break the law and be considered crimes against children.
It can be hard to know exactly when the physical punishment of a child crosses the line into abuse. The Texas Penal Code states that an individual commits injury to a child if he or she intentionally or recklessly causes bodily or mental injury to a child under 15 years of age. Assault with a bodily injury of a family member occurs when a person knowingly, intentionally, or recklessly causes pain, injury, illness, or impairment to a family member.
Striking a child does fit these definitions; however, it is very unlikely that a parent or guardian would be convicted of these crimes for spanking alone. While spanking a child may technically meet the definition of bodily harm in some cases, there is an exception to this rule called the Reasonable Discipline Defense.
Section 9. If you are facing criminal charges related to alleged child abuse, it is vital that you speak with a criminal defense lawyer familiar with these laws. Any crimes against children are taken seriously in the state of Texas. Therefore, it is important to know what constitutes child abuse in the event you or someone you know is charged with such a crime. Attorney Darlina Crowder has successfully secured more than acquittals and not guilty verdicts for her clients in the past.
Schedule a free, completely confidential consultation to discuss your case by calling us at today. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
Confidential or time-sensitive information should not be sent through this form. She is working with CPS to get them back, but until the state feels that she is ready, the kids will remain with their paternal grandmother. Most parents do, in fact, use corporal punishment in the form of spanking at least occasionally, and most do not, in fact, consider it abusive. Experts disagree about the advisability of ever spanking a child. Some say that, combined with other methods of discipline, mild spanking of a small child is harmless and effective.
In many cases, the first opportunity to have a reasonable review of the case is when a parent goes to trial for spanking their child. It is still just a matter of opinion as to whether the spanking was reasonable. A Harris Poll indicates that about 1 in 5 people say that you should never spank your children. The opinion of whether spanking is appropriate varies greatly based on race, age, and cultural background.
If the statistics hold true, a person on trial for injury to a child will have an average of 2. Just because someone has the belief that spanking a child is never reasonable discipline is not a legal basis for keeping them off of a jury.
That is even before the jurors hear any evidence as to the degree and circumstances of the spanking. The vagueness has been challenged many times: Nabors v. State and Perez v.
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