Monday, May 4, 2015

Reasonable Punishment of a Child

How can you legally discipline your child?  Can you spank your child?  How many times?  How hard?  Can you slap your child in the face?  Can you whip your child with a belt?  Can you hit your child with a stick?  There is no statute regarding reasonableness of corporal punishment of a child in Nevada.  The Nevada Supreme Court in Newman v. State, 129 Nev. Adv. Op. 24, 298 P.3d 1171 (2013) cites to an Indiana case which gives us some factors (from a Restatement) as to whether a punishment was reasonable, and therefore lawful.   

... “A parent is privileged to apply such reasonable force or to impose such reasonable confinement upon his [or her] child as he [or she] reasonably believes to be necessary for its proper control, training, or education.” Restatement of the Law (Second) Torts, § 147(1) (1965). We adopt the Restatement view. Not only is it entirely consistent with the law in this jurisdiction, but also it provides guidance on the factors that may be considered in determining the reasonableness of punishment. It reads:
In determining whether force or confinement is reasonable for the control, training, or education of a child, the following factors are to be considered:
(a) whether the actor is a parent;
(b) the age, sex, and physical and mental condition of the child;
(c) the nature of his offense and his apparent motive;
(d) the influence of his example upon other children of the same family or group;
(e) whether the force or confinement is reasonably necessary and appropriate to compel obedience to a proper command;
(f) whether it is disproportionate to the offense, unnecessarily degrading, or likely to cause serious or permanent harm.
Restatement, supra, § 150. We hasten to add that this list is not exhaustive. There may be other factors unique to a particular case that should be taken into consideration. And obviously, not all of the listed factors may be relevant or applicable in every case. But in either event they should be balanced against each other, giving appropriate weight as the circumstances dictate, in determining whether the force is reasonable.
Willis v. State, 888 N.E.2d 177, 182 (Ind. 2008).

If you have been charged with Child Abuse or Domestic Violence against a child for corporal punishment of the child, these factors, as well as others, must be discussed with your attorney to formulate the best defense for you.
It is essential to retain competent counsel if you are accused of a crime, who can evaluate your case and present an effective defense.
If you are a suspect or have been charged with BatteryBattery Domestic Violence, Child Abuse or any crime related to a Domestic incident, or if a protective order (TPO or EPO) has been issued against you, please email georgeforjustice@gmail.com or call 702-800-6525 for help.




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