Is Spanking Considered Child Abuse in California?
Whether or not spanking your child is abuse is the subject of much debate. While many people think it is a practice that should have stopped decades ago, others believe that punishments such as spanking could have prevented some shortcomings of recent generations.
No matter what your personal beliefs are, California law has its own rules. Generally, spanking is not considered a crime under the state’s corporal injury law.
How Is Child Abuse Defined in California?
California criminalizes any conduct towards a minor under the age of 18 that willfully inflicts either:
- Inhumane or cruel corporal punishment; or,
- A traumatic condition because of an injury.
These terms are then further defined. Corporal punishment is the legal phrase used for bodily or physical harm instead of mental or psychological harm. A traumatic condition sounds severe but is only any wound or bodily injury caused by the direct application of force on a minor. The traumatic condition can be either minor or severe, so long is it observable.
Note that California’s child abuse law technically protects anyone under the age of 18. Many teenagers may demand to be treated like adults. But if you harm them, you may end up facing child abuse charges. However, the definition of what is cruel differs between actions towards an infant or a sixteen-year-old.
One final point is that the abuse must be willful. That means that you acted purposely. It does not mean you intended to actually harm the minor.
Is Spanking Considered Corporal Punishment?
If you decide to spank your child, you will typically not face child abuse charges in California. Spanking is not considered child abuse so long as it is:
- Intended to discipline the minor; and,
- It is not excessive punishment for the minor’s conduct.
Technically, so long as you abide by those two rules, you can spank a child with either your bare hand or a belt. However, what is considered excessive is not always clear.
The younger the child, the less flexibility you may have to spank them. For example, what is excessive for a ten-year-old is not the same as for a two-year-old. Hitting an infant or toddler with an object is much more likely to result in charges than striking an adolescent.
Penalties for Child Abuse in California
Inflicting a corporal injury on a child can be charged as either a misdemeanor or a felony. The degree of the charge will be determined by the facts of the alleged child abuse and whether you have a criminal history.
If you are charged with misdemeanor child abuse, the maximum punishment includes:
- Up to one year in county jail; and
- A $6,000 fine.
Felony charges can result in either two, four, or six years in jail and a $6,000 fine. There is also an enhancement if you have received a felony child abuse conviction within the past decade. If you are a repeat offender, four additional years will be added on top of your sentence.
California’s probation rules are also slightly different when child abuse is involved. First, either misdemeanor or felony probation must last for at least three years. There is also a mandatory treatment program for alleged abusers. Additionally, you will be prohibited from any further striking or threatening of the child. You may also lose custody or visitation rights.
If you have been arrested in Irvine, California, after spanking your child, contact Chambers Law Firm immediately. You will need our skilled defense team to help preserve your parental rights and freedoms. Reach out to us at 714-760-4088 or dchambers@clfca.com today!
