WHEN DOES PARENT DISCIPLINE BECOME CHILD ABUSE?

Since 1837, North Carolina has recognized a parent’s right to use physical discipline (spanking, switches, and even paddling) as a form of punishment. The use of physical discipline is rooted in a parent’s fundamental, constitutionally protected right to raise their child as they see fit. While North Carolina allows parents to administer “moderate” physical discipline to correct their child’s behavior, this right is not absolute. A parent who intentionally inflicts physical injury upon a child under 16 may be criminally liable for child abuse. The distinction between lawful discipline and criminal conduct can be blurry, which begs the question: When does parent discipline become child abuse?

Right to Physical Discipline

The 14th Amendment to the United States Constitution grants parents the right to raise their child as they see fit. This right allows parents to use physical discipline to modify their child’s behavior. North Carolina recognizes a parent’s broad right to use “moderate punishment” when physically disciplining their child. Rather than defining moderate punishment by what it is, our Courts have defined it by what it’s not. “Moderate punishment” includes any punishment that does not seriously endanger life, limbs, or heath, or shall disfigure the child.

Criminal Child Abuse

A parent who seriously endangers life, limbs, or health, or seriously disfigures the child, may be liable for child abuse. A parent commits misdemeanor child abuse when they intentionally inflict any “physical injury” on a child who is under the age of 16. Parental discipline is criminal when: (1) the punishment causes permanent injury to the child; (2) the parent acts with ill-will or malice when administering the punishment; or (3) the punishment is cruel or grossly inappropriate procedures are used.

What Have Our Courts Said?

While the use of physical discipline sometimes results in bruising, welts, or other physical injuries, North Carolina courts have consistently held that parents can not be criminally liable unless the discipline results in serious physical injury. Our appellate courts have held serious physical injury occurred where the paddling caused moderate blood loss and the potential for permanent scarring, as well as an instance where a child was spanked with a belt on bare skin for over forty minutes, resulting in vomiting, extensive bruising, prolonged pain, and admission into the hospital. Our appellate courts have identified several factors when considering whether physical discipline is a crime. They include:

• Whether there was a disciplinary purpose, and if so, the duration, instrument, and amount of force used;
• The child’s age, response, and level of discomfort;
• Whether there was injury and need for treatment; and
• Whether the injury caused the child to miss school or work.

If you or a loved one has been accused of child abuse, is under investigation, or has been formally charged with a related offense, it is crucial to seek experienced legal representation. Contact The Robinson Law Firm to protect your legal rights and explore your legal options.

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