Posted on April 3, In California, it is not necessarily illegal to spank or otherwise use corporal punishment on your child for purely disciplinary purposes. It becomes a crime, however, if the punishment is deemed to be cruel or inhumane. Courts normally draw the line at injury. If you inflict visible injury on the child, chances are that it crosses the line from reasonable discipline to child abuse.
Examples of corporal punishment that could qualify as child abuse in California include:. Certainly, every case is different and turns on unique facts and circumstances. Therefore, there is a subjective gray area between where lawful corporal punishment ends and child abuse begins. A parent is permitted to spank a child with an object if it is justifiable. Justifiable means that:. Note that in many countries it is now illegal to spank a child.
Sweden, for example, banned the physical punishment of children in If spanking is excessive, or not for disciplinary purposes, child abuse charges could be filed against you. To convict you of child abuse in California a prosecutor would have to convince a jury beyond a reasonable doubt that:. It is not necessary that you intend to break the law or injure the child. There are additional crimes that could be charged if there is a corporal injury to a child.
These include:. It depends on the facts of the case and your criminal history. As a wobbler , child abuse under PC d can be filed as either a felony or a misdemeanor. In addition to criminal penalties, excessive or unreasonable spanking could lead to the opening of a juvenile dependency case and interference by Child Protective Services CPS. Probation is possible in a child abuse case.
If placed on probation for child abuse, punishment must include:. Yes, your name could be listed on the child abuse central index CACI for excessive spanking of a child even if criminal charges are never filed against you. The child abuse allegations just need to be substantiated by an investigator. If you want to have your name removed from the CACI, you must timely request a grievance hearing. In California, there are mandatory reporting laws that require certain professions to report suspected instances of child abuse or neglect.
