各州关于打孩子的详细法律规定

Alabama

[The Code of Alabama 1975]

Parent/guardian/person responsible for care and supervision of a minor/teacher or other person responsible for care and supervision of a minor for a special purpose may use reasonable and appropriate physical force when and to the extent he reasonably believes it necessary and appropriate to maintain discipline or promote welfare of the child.
§ 13A-3-24. [Criminal Code]
[See also: Endangering welfare of child. Section 13A-13-6]

Alaska

[Alaska Statutes]

When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate non deadly force upon that child or incompetent person.
§ 11.81.430. [Criminal Code]

Arizona

[Arizona Revised Statutes]

A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.
§ 13-403. [Criminal Code]

Arkansas

[Arkansas Statutes & Codes]

Abuse does not include physical discipline of a child if reasonable and moderate and inflicted by a parent or guardian for restraining or correcting a child. Listed as not reasonable or moderate for correcting or restraining: -- Throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a child under 3, striking or other actions which result in any non-accidental injury to a child less than 18 months, interfering with a child's breathing, threatening a child with a deadly weapon, striking a child on the face, or any other act that is likely to cause bodily harm greater than transient pain or minor temporary marks. [Statute says this is an illustrative and not exclusive list]. Age, size, condition of the child, and the location of the injury and frequency or recurrence of injuries shall be considered in determining "reasonable" or "moderate."
§ 9-27-303(B). [Civil Code]

Parent/teacher/guardian/other with care and supervision of a minor may use reasonable and appropriate physical force when and to the extent reasonably necessary to maintain discipline or promote the welfare of the child.
§ 5-2-605(l). [Criminal Code]
If the belief that the force is necessary is a reckless or negligent belief, than the above offers no defense to a crime if the culpability of that crime is proven by showing recklessness or negligence.

Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person.
§ 5-2-614. [Criminal Code]

California

[California Statutes]

Law not intended to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting. Serious physical harm does not include reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury.
Welfare and Institutions Code § 300. [Civil Code]

Abuse includes unlawful corporal punishment or injury.
Penal Code § 11165.6. [Criminal Code]

"Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.
Penal Code § 11165.4. [Criminal Code]

Colorado

[Colorado Revised Statutes]

Any investigation of child abuse shall take into account the child-rearing practices of the child's culture. Child abuse and neglect does not include acts which can be reasonably construed to be a reasonable exercise of parental discipline.
§ 19-1-303(l). [Civil Code]

A continued pattern of conduct which results in cruel punishment or accumulation of injury which results in death or serious bodily injury is child abuse.
§ 18-6-401. [Criminal Code]

Parent/guardian/ person with care and supervision of minor can use reasonable and appropriate physical force, if it is reasonably necessary and appropriate to maintain or promote welfare of child.
§ 18-1-703. [Criminal Code]

Connecticut

[Connecticut Code]

(b) (1) Any person who, having the control and custody of any child under the age of nineteen years, in any capacity whatsoever, intentionally maltreats, tortures, overworks or cruelly or unlawfully punishes such child or intentionally deprives such child of necessary food, clothing or shelter shall be fined not more than five thousand dollars or imprisoned not more than five years or both.

(2) Any person who, having the control and custody of any child under the age of nineteen years, in any capacity whatsoever, with criminal negligence, deprives such child of necessary food, clothing or shelter shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

Delaware

[Delaware Code]

Article: Delaware Law Bans Parents from Spanking their Kids

Delaware has become the very first state to pass a controversial law that effectively outlaws the corporal discipline of children by their parents. Senate bill 234 was signed into law by Governor Jack Markell on September 12. Sponsored by Delaware's Senate Majority Leader Patricia Blevins, the bill redefines child abuse laws to include any act that causes "pain."

The legislation classifies child abuse as a separate crime in the state and increases penalties in child abuse cases. Prior to the new law, child abuse cases were prosecuted under the same statute dealing with assault by abuse or neglect that applied to adult victims. "Assaults against children are different than assaults against adults," said Sen. Blevins. "So, it is important to make this a standalone crime."

Teachers - Corporal Punishment in schools.

District of Columbia

[District of Columbia Official Code]

Abuse includes excessive corporal punishment.
§ 6-2101. [Civil Code] Abuse includes when a parent/guardian/custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury, including excessive corporal punishment.
§ 16-2301. [Civil Code]

Florida

[The Florida Statutes]

"Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
§ 39.01(2) [Civil Code]

"Harm" to a child occurs when the parent or other person responsible for the child's welfare inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. The following factors must be considered in evaluating any injury: prior injuries; location; multiplicity; and type of trauma. Such injury include, but are not limited to willful acts that produce the following specific injuries: sprains, dislocations, or cartilage damage; bone or skull fractures; brain or spinal cord damage; intracranial hemorrhage or injury to other internal organs; asphyxiation, suffocation, or drowning; injury resulting from the use of a deadly weapon; burns or scalding; cuts, lacerations, punctures, or bites; permanent or temporary disfigurement; or permanent or temporary loss or impairment of a body part or function. "Willful" refers to the intent to perform an action, not to achieve a particular result or an intent to cause an injury.
§ 415.503. [Civil Code]

Georgia

[Georgia Code]

Physical forms of discipline may be used as long as there is no physical injury to the child.
Secs. 19-7-5/19-15- 1/49-5-180. [Civil Code] Parent or person in loco parentis reasonably disciplining of a minor has a justification for a criminal prosecution based on that conduct.
§ 16-3-20. [Criminal Code]

Hawaii

[Hawaii Revised Statutes]

Parent/guardian/person responsible for general care and supervision of minor/person acting at request of above may use force if. -- employed with due regard for age and size of minor and reasonably related to purpose of safeguarding or promoting welfare of minor, including prevention or punishment of minor's conduct, and -- not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain, mental distress, or neurological damage.
§ 703-309. [Criminal Code]

Idaho

[Idaho Statutes]

Abuse includes physical cruelty in excess of that required for reasonable disciplinary purposes, inflicted by a parent or other person in whom legal custody is vested.
§ 16-2002. [Civil Code]

Illinois

[Illinois Compiled Statutes]

An "abused child" includes any child whose parent/immediate family member/person responsible for the child's welfare/individual residing in the same house/paramour of child's parent inflicts excessive corporal punishment. Secs. 325 5/3/ [Civil Code]

Indiana

[Indiana Revised Code]

Law does not limit right of parent/guardian/custodian to use reasonable corporal punishment when disciplining a child.
§ 31-34-1-15. [Civil Code]

Iowa

[Iowa Code]

Child endangerment includes using unreasonable force, torture, or cruelty which results in physical injury, is intended to cause serious injury, or causes substantial mental or emotional harm.
§ 726.6. [Criminal Code]

Kansas

[Kansas Statutes]

Abuse includes cruel and inhuman corporal punishment.
§ 21-3609. [Criminal Code]

Kentucky

[Kentucky Revised Statutes]

Parent/guardian/person/teacher with care and supervision of minor can use force if person believes force necessary for welfare of child and force is not designed to cause or known to cause a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.
§ 503.110. [Criminal Code]

Louisiana

[Louisiana Laws]

In determining abuse the agency should take into account that an injury may have resulted from what might be considered reasonable discipline for a child's misbehavior. Children's Code Art. 615(A). [Civil Code] Parent/tutor/teacher reasonably disciplining a minor has a defense to a criminal prosecution based on that conduct. § 14:18. [Criminal Code]

Maine

[Maine Revised Statutes]

It is a crime for parent, guardian, or other person with care and custody of a child to cruelly treat a child by extreme punishment. 17-A Part 2, Chapter 23 § 554(1)(B-1) Endangering the welfare of a child. [Criminal Code]

Title 17-A, Chapter 5 § 106 — Physical force by persons with special responsibilities
A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of another person is justified in using a reasonable degree of force against such other person when and to the extent the person reasonably believes it necessary to prevent or punish such other person's misconduct. A person to whom such parent, foster parent, guardian or other responsible person has expressly delegated permission to so prevent or punish misconduct is similarly justified in using a reasonable degree of force.

Maryland

[Maryland: Michie's Legal Resources]

Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.
§ 4-501. [Civil Code]

Massachusetts

[The General Laws of Massachusetts]

In Massachusetts, there is no specific list of actions that constitute abuse. Moreover, a parent doesn't have to injure a child to be reported - as long "as the substantial risk of harm" is there. "The legislature has balanced opposing societal viewpoints," says Juliana Rice, an assistant attorney general representing the commissioner of the DSS. Recognizing that "what may be harmful for one child may not be harmful for another," the law does not define abuse in terms of parental conduct, but rather on the degree of harm to the child.

"Abuse" is defined as, the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain or mental anguish or assault and battery; provided, however, that verbal or mental abuse shall require a knowing and willful act directed at a specific person.
Chapter III: Section 72F. Public Health - Hospitals

Michigan

[Michigan Legislative Council Chapter Index]

Parent/guardian/other person permitted by law, parent, or guardian can reasonably discipline a child, including the use of reasonable force. § 750.136b.. [Criminal Code]
[Michigan: MCL Chapter Index]

Minnesota

Minnesota Statutes

Parent/legal guardian/caretaker who intentionally uses unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment.
§ 609.377. [Criminal Code] Parent/legal guardian/teacher/caretaker of child or pupil can use reasonable force to restrain or correct a child or pupil.
§ 609.379. [Criminal Code]

Mississippi

Mississippi Code

Physical discipline (not to include any form of sexual abuse) performed on a child by a parent, guardian or custodian shall only be deemed to be abuse under this paragraph when a licensed physician has determined that physical injury has occurred. § 97-5-39(2(m)). [Criminal Code]

Missouri

[Missouri Revised Statutes]

Discipline including spanking, administered in a reasonable manner, is not abuse.
§ 210.110. [Civil Code]

Force justified if by parent/guardian/other person with care and supervision of minor if- -- Person believes force necessary to promote welfare of minor, and -- Force used is not designed to cause or believed to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme emotional distress.
§ 563.061. [Criminal Code]

Montana

Montana Code

"Physical abuse" is defined as "substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, intentional burns, bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or function, or death if the injury or death is not accidental." § 41-3-102. [Civil Code] Parent or authorized agent of parent/guardian/master/teacher is justified to use force if reasonable and necessary to restrain or correct child.
§ 45-3-107. [Criminal Code]

Nebraska

Nebraska Revised Statutes

It is abuse to knowingly, intentionally, or negligently cause or permit a child to be cruelly punished.
§ 28-710. [Criminal Code] Parent/guardian/person responsible for care and supervision/person acting at one of the above's request is justified to use force on a minor if for the purpose of safeguarding or promoting the welfare of minor, including prevention or punishment of misconduct, but not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, mental distress, or gross degradation.
§ 28-1413. [Criminal Code] If the belief that the force is necessary is a reckless or negligent belief, than the above offers no defense to a crime, if the culpability of that crime is proven by showing recklessness or negligence. Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person.
§ 28-1414. [Criminal Code]

Nevada

Nevada Revised Statutes

Excessive corporal punishment may cause physical or mental injuries which constitute abuse.
§ 432B.150. [Civil Code] "Injury" to a child occurs when a parent/guardian/custodian inflicts or allows to be inflicted upon a child physical, mental, or emotional injuries sustained as a result of excessive corporal punishment.
§ 128.013. [Civil Code]

New Hampshire

New Hampshire Statutes

Parent/guardian/person/teacher responsible for general care and welfare of minor may use force against minor when and to the extent that he reasonably believes it necessary to prevent or punish minor's misconduct. No defense available for malicious or reckless use of force that creates risk of death, serious bodily injury, or substantial pain. § 627:6. [Criminal Code]

New Jersey

New Jersey Permanent Statutes

Cruelty to a child includes inflicting unnecessarily severe corporal punishment upon a child.
§ 9:6-1. [Civil Code] "Abuse" includes a parent, guardian, or other person with control or custody inflicting excessive corporal punishment (which must be excessive to the point that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result).
§ 9:6-8.9. [Civil Code] Person with responsibility for care, supervision, discipline, or safety of another may use force against them if for the purpose of and to the extent necessary to further the responsibility.
§ 2C:3-8. [Criminal Code] Justification is not available if the person recklessly or negligently injures or creates a risk of injury.
§ 2C: 3-9. [Criminal Code]

New Mexico

New Mexico Statutes

An abused child includes one who has been cruelly punished by a parent/ guardian/ custodian.
§32A-1-4(B). [Civil Code] Abuse includes knowingly, intentionally, or negligently permitting or causing a child to be cruelly punished.
§ 30-6-1. [Criminal Code]

New York

Laws of New York

Neglecting a child includes unreasonably inflicting or allowing the infliction of harm or substantial risk thereof, including excessive corporal punishment. Family Court § 1012. [Civil Code] Parent/guardian/other person with care and supervision of person under 21, can use non-deadly physical force when and to the extent he reasonably believes necessary to maintain discipline or promote welfare of person force performed upon. Penal § 35:10. [Criminal Code]

North Carolina

North Carolina General Statutes

Abuse includes infliction of a serious physical injury by other than accidental means; creating a substantial risk of such injury by other than accidental means; and using cruel or grossly inappropriate procedures or devices to modify behavior. Juvenile § 7B-101(1). [Civil Code]

North Carolina does allow parents to physically discipline their children. Following is the guidance that is within our Child Protective Services Manual for county Department of Social Services, parents and individuals to review and follow:

"Parents have a right to discipline their children. Done appropriately, spanking and the use of corporal punishment are not considered child abuse. Corporal punishment, commonly referred to as physical discipline or spanking, is the application of physical force, including striking with the hand or with an object, against the body of another. However, significant trauma and tissue damage, such as bruises, welts, or lacerations may be signs of child neglect (inappropriate discipline) or child abuse, depending on the extent of the injuries.

Factors to consider regarding bruising include: location and severity of the injury, child's age and developmental stage, and whether the bruises are consistent with normal play. Injuries such as these, not resulting from an accident, must be assessed. A definition of significant trauma is any injury beyond temporary redness of the skin. A practical guideline to use is that any inflicted injury which lasts more than 24 hours constitutes significant injury and requires an investigation."

Thank you for contacting the DSS Website with your inquiry. If there is a need to contact this office again, I can be reached by phone at the number listed below or via e-mail.

Valarie J.
North Carolina Division of Social Services

North Dakota

North Dakota Century Code

"Harm" includes injuries sustained from excessive corporal punishment. § 50-25.1-02. [Civil Code] Parent/guardian/other person responsible for care and supervision of minor/person acting at direction of the above can use reasonable force on a minor for safeguarding or promoting his welfare, including prevention or punishment of his misconduct and maintenance of proper discipline. Force does not have to be "necessary," but cannot create substantial risk of death, serious bodily injury or disfigurement, or gross degradation.
§ 12.1-05-05. [Criminal Code]

Ohio

Ohio Revised Code

Not abuse if not prohibited under law prohibiting endangering children. "Endangering children" is administering corporal punishment or other physical discipline, or physically restraining the child in a cruel manner or for a prolonged period if the punishment or discipline is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.

§ 2151.031. [Civil Code] It is a criminal act to administer corporal punishment or other physical discipline, or to physically restrain the child in a cruel manner or for a prolonged period if it is excessive under the circumstances and creates a substantial risk of serious physical harm to the child. It is a criminal act to administer unwarranted disciplinary measures to child if there is a substantial risk that if conduct is continued it will seriously impair the child's health or development.
§ 2919.22. [Criminal Code]

Oklahoma

[Oklahoma Code]

Parents/teachers/other persons can use ordinary force as a means of discipline, including but not limited to spanking, switching, or paddling. 21 § 844. [Criminal Code] Criminal penalty for using unreasonable force upon a child under 18. 10 § 7115. [Criminal Code]

Oregon

[Oregon Revised Statutes]

Physical force is justified if parent/guardian/other person with the care and supervision of a minor uses reasonable force when and to the extent the person reasonably believes necessary to maintain discipline or promote welfare of minor.
§ 161.205. [Criminal Code]

Pennsylvania

[The Pennsylvania Code]

Parents can use reasonable supervision and control when raising their children. 23 § 6302. [Civil Code] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 § 509. [Criminal Code]

Rhode Island

[State of Rhode Island General Laws]

Abuse occurs when a child's physical or mental welfare is harmed or threatened by a parent or person responsible for child's welfare, by means including excessive corporal punishment which causes physical or mental injury or creates or allows to be created a substantial risk of physical or mental injury. §40-11-2. [Civil Code] Serious physical injury is any injury, other than a serious bodily injury, arising from other than non-excessive corporal punishment. §11-9-5.3. [Criminal Code]

South Carolina

[South Carolina Code of Laws]

"Harm" includes excessive corporal punishment. "Harm" does not include corporal punishment or physical discipline if- Administered by a parent or person acting in place of a parent, Perpetrated for the sole purpose of restraining or correcting, Force is reasonable in manner and moderate in degree, There is no permanent damage, and Behavior is not reckless or grossly negligent. § 20-7-490. [Civil Code]

South Dakota

[South Dakota Codified Laws]

It is abuse to cruelly punish.
§ 26-10-1. [Criminal Code] Parent/guardian/teacher/school official can use, attempt, or offer to use force if reasonable in manner and moderate in degree, and used to restrain or correct as necessitated by misconduct or refusal to obey a lawful command.
§22-18-5 [Criminal Code]

Tennessee

[Tennessee Code]

Permits criminal charges against a parent/guardian/custodian who administers "unreasonable" corporal punishment which causes "injury" to the child.
§ 39-15-401 [Criminal Code]

Texas

[Texas Statutes]

Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code § 261.001. [Civil Code] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal § 9.61. [Criminal Code]

Texas Law Help - An online resource for free and low-cost civil legal assistance for those who cannot afford legal help. Learn about your rights, self-help resources, and legal aid.

Utah

[Utah Code]

Force is justified if used for reasonable discipline of a minor by parent/guardian/teacher /person standing in loco parentis.
§ 76-2-401. [Criminal Code]

Vermont

[Vermont Statutes]

An "abused or neglected child" means a child whose physical health, psychological growth and development or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child's welfare. An "abused or neglected child" also means a child who is sexually abused or at substantial risk of sexual abuse by any person. Code § 33.4912 [Civil Code]

Virginia

[Code of Virginia]

In a 2002 opinion, by Judge Richard S. Bray, in Gary Santos Guzman v. Commonwealth of Virginia, several precedents are cited regarding the line between corporal punishment and abuse. Although the references do not explicitly state "it is ok to spank a child," the verbiage clearly implies that in the eyes of the state, circumstances exist in which corporeal punishment can be administered without being considered abuse:

[W]here a question is raised as to whether punishment had been moderate or excessive, the fact is one for the [fact finder] to determine from the attending circumstances, considering the age, size and conduct of the child, the nature of the misconduct, and the kind of marks or wounds inflicted on the body of the child. [Harbaugh v. Commonwealth, (1969); see also Carpenter v. Commonwealth, (1947)].

The formatting of this online document makes the references a little unclear, but for more information, visit the Virginia Judicial System's webpage.

In addition, a 2008 Wiki Answer to the question "Is it legal to spank your children in Virginia" suggests Spanking is allowed in all states; the line between permitted corporal punishment and what is legally defined as abuse varies by state and is not always clear (laws typically allow "reasonable force" and "non-excessive corporal punishment"). It goes on to quote the verbiage above from Carpenter v. Commonwealth.

Washington

Physical discipline is not unlawful if reasonable and moderate and inflicted by parent /teacher/guardian for restraint or correction. Presumed unreasonable if the following are used to correct/ restrain: -- Throwing, kicking, burning, cutting, striking with a closed fist, shaking a child under 3, interfering with breathing, threatening with a deadly weapon, any other act likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. [Statute says this list is illustrative and not exclusive]. Age, size,condition of child, and location of injury are all factors in determining "reasonable" and "moderate." § 9A.16.100. [Criminal Code]

West Virginia

Physical injury can include that which is the result of excessive corporal punishment.
§ 49-1-3 [Civil Code]

Wisconsin

Use of force is justified when actor's conduct is reasonable discipline of a child by a person responsible for child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. Never reasonable to use force intended to cause great bodily harm or death, or which creates an unreasonable risk of great bodily harm or death.
§ 939.45. [Criminal Code]

Wyoming

[Wyoming Code]

Abuse include excessive or unreasonable corporal punishment.
§ 14-3-202. [Civil Code]
A "neglected child" includes one abused by the infliction of physical or mental injury including excessive or unreasonable corporal punishment.
§ 14-6-201. [Civil Code]
Same definition as civil abuse definition.
§ 6-2-503. [Criminal Code]

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Last Updated November 13, 2012


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