As society becomes more and more politically correct and sensitive, the more and more often we are seeing cases filed against parents for spanking their children for Battery on a Minor as a class-D or Level 6 Felony.
Why you might ask? While most people realize that each parent has the right to discipline their own child, be it physically through spanking, etc. What we have found, is that most of the case law set out by the courts show that there needs to be a longer lasting effect of the spanking and that bruises alone are not likely to be enough for a conviction of battery.
State, N. Fettig, N. Willis, N. The fact that the child has shown a tendency toward certain types of misconduct may justify a punishment which would be clearly excessive if imposed upon a first offender. See also State v. Wilder, A. In Willis, defendant, a mother, struck the child five to seven times with a belt or extension cord.
The court found nothing particularly degrading about this manner of punishment nor was the punishment disproportionate to the offense. The main question the court analyzed was whether the punishment was likely to cause serious or permanent harm. The child testified that the swats hurt for a minute but did not hurt the next day when he returned to school.
The bruising of the child was still apparent, but there was not any indication that the school nurse provided any medical attention or even suggested that medical attention was necessary. The court held the state had not disproved the defense beyond a reasonable doubt and set aside the conviction.
