Most Americans believe spanking has its place. According to a recent ABCNEWS poll the public, by a 2-1 margin, approves of spanking children in principle. But what are the laws surrounding this issue?
Generally, when you strike another you can be liable for assault and battery (among other offenses). However, there are a few exceptions to this general rule. For instance, in Pennsylvania, like most states, parents are legally allowed to spank their children, within limits of course, without legal repercussion. Corporal punishment is the legal doctrine that provides a justification defense for parents who may spank their child for disciplinary purposes.
Specifically, the relevant section of the Pennsylvania Code permits parents to use reasonable supervision and control when raising their children. In doing so, parents or guardians responsible for the general care and supervision of their child may use force for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of the child’s misconduct. Notably, the corporal punishment justification is only available so long as the force is not designed to cause or is not known to create a substantial risk of death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation.
What does all this mean? Caselaw on the issue provides markers for behavior that is justifiable and behavior that is not. Immersing your infant child in water cold enough to cause hypothermia would not be permissible under corporal punishment. On the other hand, disciplining a child by use of a wooden paddle on the child’s buttocks has been found to be justifiable where the force was used for purposes of punishing the child, not to cause extreme pain. The Court held that the paddling was not sufficient to constitute the criminal offense of simple assault.
The nuances of this area are such that no one can safely endorse any physical altercation between parent and child. If you would like more information or a formal legal opinion on this subject please contact one of our lawyers. While you have the legal right to spank your child in Pennsylvania, it is imperative that you remain within the legal limits of the exercise of that authority. Failure to do so can result in a trip to your county courthouse for a spanking of another variety altogether.
53 comments:
I live in michigan and have a mischievous little 3 year old. I love him like crazy but the only discipline that seems to work in most cases is spanking. What are my rights in michigan?
Thank you so much!!
Fred Evans
We at Fairlie & Lippy, P.C. are only licensed in Pennsylvania and thus cannot advise you on the laws of Michigan. I suggest that you seek out local counsel. Good luck with your little one, and please be gentle with him at such a young age.
When I was a student at a Catholic high school in the 50s — I was in a class where the lay teacher disciplined his students by having them paddle each other with a 1″ thick wooden paddle. Is he performing a form of child abuse as many of the students were minors? Thank you for your time.
I have to pass on this one as I was not even born yet in the 50’s and am guessing that the laws have changed since then. I would not advise a teacher to permit students to paddle each other under today’s laws and climate of political correctness. I think there would be a media firestorm and pressure upon the prosecutor to file charges.
Well I am in Michigan, and my dad and my step mom use a belt and hit my little sister constantly when she is naughty is this legal in Michigan because It said on the news you cannot spank in Michigan anymore so I am pretty sure a belt is 10 times worse. And she’s only 5 turning 6
Oh and there are no marks though
Hitting with a belt may be hard to justify but I am not licensed in Michigan and thus cannot advise you. You need to contact a local lawyer or the police if you think they may injure her.
It is probably tough to injure someone without leaving marks, but again you should contact the authorities or a lawyer in Michigan.
Today before school, my fiance was talking to his 12 year old about two F’s on his mid term report and the child was not listening to him and using his hat to not look at him. His father took the hat off of him and threw it into the kitchen, in hopes the boy would listen to him. The boy said to him, “what the f*** did you do that for?” This was the first time he swore at his dad but has been in trouble for swearing at school at other kids. My fiance stood him up and spanked him 3 times on the buttocks and lightly slapped his mouth after asking “what did you just say to me?, you will not swear at me and disrespect me”. The boy was crying of course, and he is from a broken home, (dad has custody except for every other weekend). The boy threatened his dad saying he was going to tell his mom and he would be in trouble……what are your thoughts on this?
Corporal punishment like spanking is permitted in PA but it can’t ever cross the line to endangering the child. Never hit the face or head even lightly as that opens the door to misinterpretation. Limit spanking to reasonable spanks on the bottom. In this case if the child tells the truth it will likely be fine but your fiance should consult a lawyer.
I live in Pennsylvania my grandson is 5 years old and is very hyper my daughter and her husband have a hard time handling him he is a very mouthy child at his age and my question is they smack him in the mouth sometimes because of his mouth I don’t feel that is appropriate they have used his buttocks several times but that does not phase him. I don’t like them smacking him in the mouth he’s too young I don’t feel it is appropriate is that considered abuse.
As the article pointed out, there are no clear cut answers in this area. If you feel uncomfortable with the way your grandson is disciplined I suggest you point out the article to his parents and if it continues then consider contacting the police. A light tap on the mouth would probably be different than a strike hard enough to draw blood, but as a parent I think there are better forms of discipline than hitting the mouth.
My daughters friend is 13, half way through puberty, and is beaten with a wooden paddle frequently for even the smallest offenses, and often when my child is present in their home. The child is already expressing hatred towards the father and suicidal thoughts. What can I do as a third party?
You can call the local police or children and youth agency. This case might not be construed as criminal but I think Children and Youth might be interested in talking with dad about his choice of discipline.
Does a non custodial parent have a right to spank my child?I have full legal custody.He’s been out of her life for all of her life until February.
Generally the right to apply appropriate corporal punishment applies to: “the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian or other responsible person.”
The law is subject to change in the near future so I would suggest anyone thinking about applying corporal punishment in a situation that might be questioned should consult with a lawyer about the specific facts of that case before taking any action.
My 15 year old daughter can sneak out of the house at all hours, mistreat everyone in the household, call me curse words, and hit her siblings and no form of punishment seems to work. She is 5,9 and 180 lbs of muscle so putting her over my knee isn’t an option. She already has a reputation with local police.
Yet I am not allowed to slap her in the mouth when the consistent streams of verbal abuse protrude daily. What has happened to a parents rights? My other children are well-adjusted and have no issues. It’s the one. And here I am at 1:40 am typing after searching for my unruly teen who snuck out of the house to make out with a new boyfriend. But I am not allowed to discipline and teach some respect without losing my job, my home, my respect in the community and worst of all my other children. How do you fix that when you have no more money because you are constantly paying for that same child’s mistakes (breaking other student’s phones, kicked of the bus within a month of school starting, the list goes on.). Any ideas?
This sounds like a very tough situation. If she’s big and strong physical discipline is probably not the way to go, whether you are hitting her mouth or her behind. I suggest you seek some counseling through health insurance, school, or anywhere else you can get it. The blog article gives you the basics regarding the law. Best of luck. Steve
Our 9 year old, after having been grounded repeatedly, losing priviledges, being spanked, etc, just absolutely refuses to be respectful to her teachers and other authorities. At first she responded to the spanking, but now seems immune. I’m afraid that doing so any harder may leave a mark. If it does, would that be viewed as child abuse? She doesn’t seem to respond to any other discipline. Thank you in advance
It certainly could be. I think the type of mark would matter. A red handprint on her bottom would probably not be a problem. However, anything that could be considered a medical problem or unusual would be more likely to result in charges. The safest approach would be to only administer a traditional, very well aimed spank with the palm of the hand. If it is no longer working in corporal punishment should be replaced with another punishment that works better rather than intensified, or you may risk criminal charges as you continue to escalate the punishment in an effort to modify behavior.
My grandson is pretty defiant on some days. He has come a long way and I have researched and implemented so many techniques to not use spanking so it’s a last resort. However, it is the most effective when he is out of control and dangerous to get him back on track but to use a paddle seems to harsh. To use my hand seemed harsh as well I thought a foam flip flop was the safest to not cause any injury as that’s never the goal. I think it’s more about consistency, explaining the practice and staying calm. Is this appropriate and does anyone else do this besides Spanish grandparents.
I have not heard of using a flipflop but your logic sounds good to me. The key is to make sure that you discipline the child without creating any risk of harm. I suppose that there is always the chance of harming a squirming child but I think that using a flip flop would demonstrate that there was no intent to injure.
My daughter is 13 and lives in Pennsylvania with her mother & stepdad. We share parental rights. For the past two years her attitude towards me has gotten very hateful and she disrespects me over the phone all the time. I told her that when I come up there this weekend I was going to spank her because I am tired of her being disrespectful to me. I was told by her mother that I couldn’t touch her now that she’s 13 because of her age and if I did then I’d go to jail for sexual assault. I would like to know if this information is true. Thanks!
Spanking is not sexual assault unless done for sexual gratification – obviously not in this case, although I suppose you should be careful as they could lie about it.
My ex husband and sixteen year old son have had several arguments that turned physical where my ex punched my son numerous times over the past year or two. CYS was contacted but never even showed up to question them. This last time my son finally stood up for himself and hit his dad back and broke his nose then ran away and called CYS again. My son is now being charged with felony assault! Is there something wrong here? We are in PA.
It sounds like your son may have an excellent self-defense argument, especially since CYS was called and did not respond. There are very specific guidelines for self-defense so you should contact a lawyer (we can help you find someone if you aren’t close to us) and get a consultation specific to all the facts of your son’s case.
My friend’s mom smacked her other 12 year old daughter and her nose bled.. Could She go to jail for this? They live in Pennsylvania
It would really depend on the circumstances, as outlined in the article. A punch to the nose hard enough to break it would probably result in charges. An intended slap to the face that accidentally hit the nose of a moving child, causing bleeding, probably wouldn’t. But again, caution should be exercised as there is great leeway in prosecutorial discretion for these cases.
I have a child that is 13 and she got mad at me cause i punished her she went to school told her guidance counselor my mom punched me in the face when the guidance counselor asked her why she had no marks she told them she said it happened last month. They reported it to CPS and they are doing an investigation but i don’t understand why someone can lie, and have no evidence and i am still being investigated for 60 days. Which wouldn’t be so bad but now my daughter is out of control doing whatever she wants because of the case. Meanwhile i have 5 other children. I have hot her on her behind but with open hands never with closed hands, and my children all of them 6 together get hot maybe 3 times a year cause i think it should be a last resort. How do i prove i didn’t do something when it’s my word against hers
Unfortunately you need to treat the CPS investigation as a possible criminal investigation as they normally report to the police any assault of a child reported to them, along with all statements and evidence they collected. I suggest that you get a good criminal defense lawyer involved immediately.
I was currently indicated for child abuse by DHS because my teenage son was attacking me and I use the game cord that was in my hand and hit him twice with it in self defense. I’m going to file a complaint against the dhs worker for not doing a complete investigation. I would like to know what are my options moving forward in getting my child abuse record expunged. Thank you, I appreciate any advice you can give!
You should contest their finding. Hire a good lawyer to help you. That sounds self-serving but you really need a good lawyer to navigate the system and process.
My eight year old daughter was slapped in the face by her father which left a bruise. Would this be enough evidence to get a protective or restraining order? Is this considered child abuse?
This is the kind of case that could go either way depending on the rest of the circumstances and the police officer investigating it. No one can give you a clear cut answer to this question.
Is it illegal to bop your niece in the mouth for being disrespectful to her grandmother (who has legal custody)
Me ex-wife’s boyfriend is spanking my child with a belt a belt. Is it legal for someone who is not the parent to use corporal punishment if the mother is allowing it?
Is it illegal to punish a child with a belt in the state of Pennsylvania?
The law does not mention a belt or hitting in the mouth. Basically, as more fully developed in my answers to other questions below, you have to make sure you aren’t unreasonably risking harm to the child. So hit with a belt or to the mouth that doesn’t cause harm might be lawful. But it probably isn’t worth risking either in today’s society. A traditional spank with an open hand is ok so long as it isn’t hard enough to cause an injury. If you hit with a belt or hit the mouth you risk hitting a moving child in an unintended area like the nose or eye that might cause an injury and might be viewed as illegal.
I live in Pa. My son is 10 and is Autistic and ADHD. I have been told from my sons therapist that It is illegal to use a paddle to spank my son when i dicaplin him. Normally, i would first take away priveledges as a consequence. but if that didnt work, then the paddle on his buttix. And then, he would stop and do better. But now, since he knows from his therapist that i can no longer use the paddle to spank him. ( and by the way, when i would use the paddle, i would not leave any bad marks on his body) Now his behavior has gotten worse. he is failing school right now, he skips classes, gets detention… and more. and he holds this whole thing of not using the paddle over my head. i have lived in PA all my life. I have never heard of it being illegal to use a paddle so spank a child within reason. Is it illegal ti use a paddle, is the therapist correct in saying that?
Technically, his therapist is wrong. It is not expressly illegal to use a paddle to discipline a child. Corporal punishment is allowed in Pennsylvania, but you can’t cause injury to the child. So if you paddle and it doesn’t leave a mark it may be legal. But then again, it could be illegal. Also, the child could move, you could miss with your aim, you could cause injury, and you could be charged. Worse, a prosecutor may feel the paddle is inherently dangerous and charge you. If the therapist believes it’s a crime the therapist is a mandatory reporter, meaning that person could be charged if he doesn’t report it. So you are at great risk of being arrested. Why use the paddle? Controlled spanking or another option probably makes much more sense. Common sense advice – never use corporal punishment out of anger.
I have a teenage daughter that is 13 soon. She is doing no so good choices right now. She is talking to guys she dont know at all and talking not what a teenager should. Put it this way it what adults do and talk about adult things. I live in PA and I spank her but afaired to. Cause when she goes to her dads on certain weekends he call CYS on me if I spanked her. She is nasty and disrespectful to me badly.
What about when you’re in school thay paddled me that was fine I guess and the paddle had holes in it were left marks on you so I guess there above the law this system is corrupt just saying
I’m 13 in Texas, and my mom always spanks me. Usually it would cause me pain to the butt and back because she doesn’t know how to aim. I would sometimes cry during the spanking. My mom spanked me with a belt once for going on the rim of a pool I wasn’t supposed to go on. she left a bruise on my waist and it would hurt every-time I’d touch it. She would stop me and take me to my room and tell me to pull down my pants to spank me with my dad’s belt. She say’s she would spank me 3 times, but would end up spanking me more. She also gave me some little threats before. She would tell me, “I’m gonna beat you until your butt turns green or blue!” or, “I’m gonna spank you until you fall asleep or until I feel tired!” Of course I knew she didn’t mean it at all but it would scare me sometimes. I grew some hatred for her over the years, I honestly think its not as fair, and she could do some other discipline that doesn’t involve physical pain. It doesn’t help me learn anything from it, and if I ever get into trouble I think about how my mom would “beat” me for what I’ve done. What do you think?
My girl friend lives in pa she and her two doathers moved from texas to live here she has a 10 year old who had cys call and the ploice she is very spoiled thinking she dont have to lison to any one the 10 year old was cought stilling and faking a rubbery . Cys said my girl friend cant spank her or nor am I but to learn to be a parent . Cys needs to be re look at this is one reson we got young kids doing to much crime . But what can we do we ground her and every thing nothing works
Hello. I am in the state of Pennsylvania. The other day, my 8 year old daughter was in our home with some friends and made a huge mess. I asked them to go outside where my daughter said they didn’t have to do I said, “you all need to go play outside and do not speak to me that way” which in return, she screamed “just shut up!” I then smacked her across her face. I don’t typically use this type of discipline but am not against it. My daughter, not being used to being slapped and obviously upset, ran to her friends house where the mother called the police. The officer said it sounds “like discipline” after i told him the situation. Now, the mother called children and youth and they were at my home questioning ALL of my children this evening. What rights do I have? Are they allowed in my home, talking to my kids? My children told them they are not abused, they live in a nice home. What can I do?
You can refuse them entrance but they would likely get the last laugh. For future discipline, in today’s society, I suggest you try to find alternate methods to physical discipline. This is not because it is wrong but because the authorities can be so sensitive lately that I would not want to place myself at the mercy of that discretion. That said, if you must physically discipline, I suggest a spank on the bottom with an open hand. Anything that might accidentally injure the child is extremely dangerous for the parent as well as the child. Children will duck and twist when you strike – you could accidentally hit an eye, a nose, etc. and deliver an injury where you did not intend to.
You have a very difficult situation – I would not want to fight with CYS but I do think parents have a right to use corporal punishment in a reasonable fashion. The devil is in the interpretation of what is reasonable and safe. I don’t know how they can completely forbid it unless there has been a prior problem with excessive force.
It makes me sad to hear your story. Hopefully things have gotten better. If not, if you ever feel that you are at risk of being injured as opposed to being disciplined, you should contact the police or maybe ask a relative or school counselor or teacher to help you.
First of all, this kind of “discipline” needs to stop.The law needs to be changed to an age limit. Smacking a toddler’s hand or butt is one one thing, but BEATING a 13 year old with a belt is abuse. As an ex law enforcement officer I’ve seen it all, and I’m sick of it. I have two sons and my wife and I stopped any kind of physical discipline when they were 5. Like I mentioned earlier, smacking a hand for touching an electrical socket or smacking a butt for throwing a fork at his brother is WAY different from beating a child with a paddle or belt for getting a freaking D on their report card! I know , I LIVED IT! My parents divorced when I was two and the person my mother married when I was 6 was a mean abusive person. I was constantly punched in the arm, smacked on the side of the head and beat with the belt. I was scared to death of this man. My only time I was relaxed was when my dad would get me on the weekends. My dad tried to intervene but in the 1970s and 1980s the domestic relations office was always for the women. This man would torture me mentally and physically and my mother was no better. The funny thing is he never treated HIS children like this. My wife was abused by her stepfather physically, sexually and mentally. We made a promise that we would never abuse our children. My two boys are 19 and 21. They’ve never been in trouble in school, with the law and never got involved with drugs or alcohol. You do not have to harm children to make them behave. Spanking is for a reminder for when a toddler can not understand right from wrong. But when you hit a child who understands the language, you can tell them right from wrong. Law makers are ridiculous for even stating “can use corporal punishment BUT can not cause serious injury or pain” Pain is what it causes!!! Why would you hit a child for punishment if it didn’t cause pain!? I was beat with a belt with my pants pulled down at 15 years old! Do you know how embarrassing that is for a 15 year old showing his private parts to a man who isn’t even their real father? I left home when I was 17. My stepfather hit me for the last time when I hit back. When a parent hits a child it instills fear and hatred towards the parent. I know kids can be bad, I have two boys. But after a certain age they don’t need to be spanked. If a parent is beating a child with a belt at 13 years old, it’s not done out of “love” or discipline, it’s done out of ANGER and frustration.
Is it legal to smack my 13 year old daughters hand she almost burnt herself and i slapped her hand pretty hard mostly instinctively because i did it so fast left a red mark. I never put my hands on her ever other then when this happened.
This does not sound like a crime but obviously the charging decision is up to your local law enforcement or prosecutor, so they could disagree and you would be charged. That said, there was no mens rea (criminal intent). In fact you were simply trying to protect her. Read through the other scenarios in these comments and in my post and you will get a good feel for what is likely to be criminal and what is not likely to be criminal.
First we live in central PA. I am out of town in another part of the state working my wife called me this afternoon to say a CYS person stopped by saying a complaint was reported against me for spanking my 11yo son with a belt.
This has happened maybe twice in his life and last time was months ago. It was at times when he had been physically hitting his younger brother(10) and younger sister (6) and was being beligerent, disrespectful and backtalking to gis mother and then to me. I warned him multiple times for things to stop. I do have on occasion open hand spanked his bottom but as he’s gotten older it has no affect to correct the action. The times he got swatted with the belt it was light and over clothing and was effective in stopping his actions.
CYS told my wife they will call tomorrow to schedule an onsite visit with me Friday night. Do i have to leave them in my home? Do I possibly need a lawyer though I feel I have done nothing wrong other than trying to parent him. Whoever reported it apparently thought he was our only child when in fact he is rhe middle of 5. Oldest teo and he are both high performing students and involved in multiple activities.
Im alao worried as I volunteer with youth organizations he’s invved in like scouts and ball. Could this investigation get me barred from helping with those organizations?
Upset and worried, any guidance is greatly appreciated.
Yes, any time CYS is coming out to interview you about a matter that could potentially be viewed as criminal you should have a lawyer. In my opinion this should not be a criminal matter but there are prosecutors in Pennsylvania who do not share that opinion. In this situation I suggest that you get a good local criminal defense lawyer. I know several and would be happy to make a recommendation if you call me. Steve 215-997-1000
Or contact me privately:
steve@fairlielaw.com
(215) 997–1000