Updated on March 27, 2024
You obviously need to discipline your children occasionally; however, many parents wonder if spanking a child is a crime. The short answer is that spanking is not illegal in the State of Texas – under most circumstances.
Even if you are charged with injury to a child, you may be able to defend your actions if the discipline and level of force were considered to be reasonable – not excessive. The line between reasonable and excessive can be very thin, so it’s always best to work closely with a Killeen criminal defense attorney when preparing your defense.
The American Academy of Pediatrics Weighs In
The American Academy of Pediatrics reports that “aversive discipline strategies,” such as spanking, yelling at, or shaming children for their challenging behaviors, are minimally effective in the moment and are not effective at all in the long run. In fact, spanking is closely associated with an increased risk that children will experience negative outcomes in all the following areas:
Emotional
Behavioral
Cognitive
Psychosocial
Professionals routinely find that there are positive forms of discipline that tend to be far more effective. In other words, there are many reasons not to spank your children, and one of the most important is that professionals in child development warn against it because it is ineffective and can have negative consequences on your children.
It’s Not Against the Law to Spank a Child in Texas
Ultimately, it is not against the law for a parent, stepparent, grandparent, or legal guardian to spank their children as a reasonable form of discipline. However, if this form of punishment crosses the line into unreasonable territory, the law shifts.
Identifying the line between reasonable discipline and child abuse can be exceptionally challenging, so it is always wise to work closely with a Killeen criminal defense attorney when building your case.
Reasonable Discipline
Discipline of children is considered legally justified when the parent in question did not use deadly force and believes he or she used the amount of force necessary to discipline the child while also safeguarding and promoting the child’s welfare. In other words, your goal was to discipline the child for his or her own good.
For discipline to be considered reasonable, two factors must apply:
If faced with similar situations, other reasonable people would come to similar conclusions regarding the level of physical discipline they would employ.
The discipline doled out cannot be solely based on the parent’s individual beliefs regarding the discipline of children.
These are important elements because when the discipline you employ exceeds these boundaries, the level of force can be deemed an act of abuse and can garner third-degree felony charges.
When Does Spanking Cross a Line?
It is not uncommon for parents to resort to a light swat when disciplining children who are seriously misbehaving, and few people fault parents for such actions. However, spanking and other forms of corporal punishment can cross the line from reasonable punishment to child abuse, and this line is defined as bodily injury.
If the punishment you dole out leads to your child enduring bodily injury, you could face criminal charges. Bodily injury refers to the following kinds of injuries:
Physical pain
Any physical impairment
Illness
Generally, this level of force is reached when a parent leaves a mark – such as a bruise, cut, or abrasion.
Naturally, a unique determination must be made in every case because extenuating factors can apply. For example, some children bruise more easily than others, and some children engage in self-destructive behaviors that exacerbate the effects of spanking. Your seasoned Killeen criminal defense lawyer will help you identify the unique circumstances that might affect your case.
Use Restraint when Spanking
While it is your right to spank your child as a form of discipline, you do not want to harm him or her physically. As such, there are some general limitations that you should impose on yourself – for your children’s sake and to ensure that you remain legally compliant.
Never strike a child above the waist.
Never use an implement to strike a child (your hand will suffice).
Never use enough force to cause swelling or bruising, leave a welt, or require medication.
Case Examples
Although we use the term “crossing the line” in relation to disciplining a child, there is no clear-cut line, and determining whether an act qualifies as reasonable discipline or child abuse often comes down to the jury’s interpretation. There are several case examples that help illustrate exactly how fine the division between reasonable and abuse can be.
If you have questions about your specific case, contact a knowledgeable Killeen criminal defense attorney.
An Infant
In 2011, a Texas mom pled guilty to a charge of injury to a child after spanking her infant daughter – who was not yet two. The judge rebuked her with a stern warning that focused on the trend away from spanking children and sentenced her to five years of probation.
At Home
In 2014, a running back for the Minnesota Vikings was charged with negligent injury to a child after using a switch to discipline his 4-year-old son at his Texas home. The child suffered cuts and bruises on his back, arms, buttocks, and legs.
The father ultimately pled no contest to the misdemeanor charge of reckless assault. He received two years of probation, had to pay a fine and complete 80 hours of community service, and was required to take parenting classes.
At School
In 2019, a Texas mother who discovered her seven-year-old son had gotten into trouble at school was caught on video whipping him with a belt on the school premises. The video went viral, and the mother was arrested for the charge of injury to a child.
Because every case involves unique circumstances and because it’s difficult to know exactly how a jury will rule in emotionally charged cases such as these, it can be difficult to know exactly where to draw the line between what is reasonable and what is not.
When the Discipline Is Determined to Have Crossed the Line
Texas breaks charges regarding overzealous discipline into two categories that are determined by age.
Injury to a Child
The charge of injury to a child applies when someone – through action or failure to act – intentionally, knowingly, or recklessly causes a child who is under the age of 14 to experience any one of the following:
Bodily injury, which includes physical pain, illness, or impairment of physical condition
Serious bodily injury
Serious mental injury, impairment, or deficiency
Assault with Bodily Injury of a Family Member
When the charge involves a child who is at least 15 years old, it is assault with bodily injury of a family member, and it relates to intentionally, knowingly, or recklessly causing the child to suffer bodily injury, which includes physical pain, illness, or impairment of their physical condition.
While spanking naturally causes physical pain, parents have the reasonable discipline defense on their side, and it grants them the right to use reasonable force on their children for the purpose of disciplining them reasonably.
Walking the Fine Line between Discipline and Abuse
The State of Texas appreciates every parent’s right to discipline their children in the manner they see fit, but the state also sets parameters that are designed to help prevent child abuse. There are some key points to consider.
When Reasonable Discipline Is Used
As mentioned, parents have the right to employ reasonable discipline that coincides with their parenting views. Spanking and other forms of non-injurious physical contact that are designed to maintain order or teach the child a valuable lesson generally fall into this category. However, spanking can be abusive – especially if something is used to make the spanking action more forceful.
When the Discipline Involves Excessive Force
When a parent or guardian uses excessive force, it exceeds the threshold for reasonable discipline.
Using an object to spank a child can up the ante to the point that charges are levied in response. While using a belt is not necessarily classified as excessive force – using it with considerable gusto can be. Most other objects can elevate the discipline from involving a reasonable level of force to involving excessive force.
When the Child Suffers Serious Bodily Injury
When a child suffers serious bodily injury as a result of discipline, including spanking, it crosses over to abuse. For an injury to be considered serious, it must be outside the realm of minor bruises and other superficial injuries. Often, the dividing line is drawn at the point where the child requires medical attention.
When the Child Is Hit in the Face or Head
Our heads and faces are especially vulnerable, and this is even more true when the person harmed is a child. Discipline that involves hitting a child in the face or head is very likely to be deemed excessive, and it can lead to charges.
When the Discipline Isn’t Age Appropriate
The age, size, and maturity of the child must be taken into careful consideration when it comes to determining if the discipline in question is reasonable. For example, any form of spanking may be considered unreasonable for a very young child, but the same level of discipline may be perfectly reasonable when the child being disciplined is older.
The Fines and Penalties Associated with Conviction
The fines and penalties associated with child abuse charges related to excessive discipline are steep and can have a profound effect on your life. Working closely with a seasoned Killeen criminal defense attorney is the best path forward.
Assault on a Child
The charge of assault on a child relates to discipline that leads to bodily injury, and it’s generally brought as a Class A misdemeanor, which carries a sentence of up to one year in jail and fines of up to $4,000.
If the child is under the age of 14, the charge becomes a third-degree felony with no requirement in terms of bodily injury. Third-degree felony charges carry 2 to 10 years in prison and fines of up to $10,000.
Injury to a Child
Injury to a child also relates to harming a child, but it goes beyond that. Injury to a child includes failing to live up to one’s responsibility to the child by failing to act. This failure to provide care, food, or shelter is called an omission.
Injury to a child is always a felony. If the charge involves reckless serious bodily injury, it’s a third-degree felony, which carries 2 to 10 years in prison and fines of up to $10,000. If the charge involves intentional injury, it’s a second-degree felony that carries 2 to 20 years in prison and fines of up to $10,000.
FAQ about Physically Disciplining Children
The answers to the questions that others in your situation ask most frequently can leave you better informed about your own unique circumstances.
Can I Discipline My Children as I See Fit?
Parents have the right to discipline their children in accordance with their own beliefs and in response to what they consider in the best interests of their children, but this does not extend to discipline that exceeds the limits of reasonableness.
How Do I Know If the Spanking I Gave My Child Is Reasonable?
If you spank your child to help them learn or to maintain order in your home – and not out of anger – it is very likely reasonable. Using only your hand to do the spanking – rather than an object – is also advisable. You should also consider your child’s age, size, and weight – what might be nothing more than a tap for an older child could harm a toddler.
Discipline is about letting your children know what you expect of them without harming them in the process, and for some parents, this includes spanking, which is their prerogative. No matter how you decide to discipline your children, you should not lose sight of the level of physicality you’re using.
If Charged, Do I Need an Attorney?
If you’re charged with any form of child abuse, it’s time to reach out for the skilled legal guidance of a trusted Killeen criminal defense attorney. The stakes are too high to leave the matter to chance, and with an attorney in your corner, you’ll be far better positioned to protect your rights and effect a favorable case resolution.
Accused of Child Abuse? Get an Experienced Lawyer on Your Side
You want to provide your children with a solid upbringing, which may occasionally involve spanking them as a disciplinary measure.
If your efforts to discipline your child lead to criminal charges, then Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable Killeen criminal defense lawyer who will aggressively advocate on behalf of your rights and for your case’s best possible outcome.
The outcome of your case is important to you and your children’s future, so please don’t delay reaching out to contact us online or call us at (254) 781-4222 to schedule your FREE consultation and learn more about what we can do to help you today.