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When Does a Spanking Become a Crime?

By Neil Shous, Esq.

The Bible tells us that "He who spares the rod hates his son, but he who loves him is careful to discipline him."(Proverbs 13:24). But in California, adhering to this Scripture can land a parent in jail. Stated in Penal Code 273d, California child abuse law makes it a crime to "inflict on a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition." The law defines a "traumatic condition" simply as any visible injury, whether serious or slight. Unfortunately, Penal Code 273d doesn't give parents a great deal of guidance as to when a justifiable "spanking" or "belting" crosses the line into criminal child abuse. Whipping an 8-year-old for misbehavior may seem proper parenting to one person, but cruel and abusive to another...continue to full post

Full post as published by California Criminal Defense Blog on September 01, 2009 (boomark / email).