Spank Your Kids - It's Legal in Texas
Spanking as a form of corporal punishment to discipline children has been used since ancient times and continues to be used as an effective method by parents to raise children into healthy, productive adults.
Texas is among the Bible Belt states of the American South, so it is no wonder then that most people continue to live by the well-known saying “spare the rod or spoil the child” based on Proverbs 13:24 – Whoever spares the rod hates his son, but he who loves him is diligent to discipline him.
Corporal punishment is also still legal in Texas schools. In fact, parents must sign forms at the beginning of each school year if they don’t want their kids to be paddled. According to the most recent records available, in 2011-2012, more than 4 out of 10 Texas school districts struck unruly students, often with a wooden paddle.
Texas law even gives the parent the duty of reasonable discipline of their child. The spanking of children as a form of reasonable discipline is legal, but there are limits.
Punishment for Child Abuse
When corporal punishment crosses the line, CPS considers it to be child abuse. If the child is under the age of 15, the alleged abuser can be charged with Injury to a Child, a Third Degree Felony, which carries a range of punishment from 2 to 10 years in prison and a $10,000 fine. If the child is 16 or 17, the alleged abuser can be charged with Assault on a Family Member, a Class A Misdemeanor, which carries a range of punishment of up to one year in jail and a $4,000 fine.
When does corporal punishment cross the line? The brief answer is when it causes a physical injury that results in substantial harm but before we address this issue of substantial harm let’s first review the relevant law.
Texas Law on Reasonable Discipline of the Child
The Texas Family Code (TFC) in Section 151 states that a parent has the duty of reasonable discipline of the child.
Furthermore, TFC Section 151.003 states that “a state agency [such as CPS] may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent’s child.”
So, does spanking a child fall under a parent’s duty of “reasonable discipline”? Of course, it does. The law explicitly allows for corporal punishment (such as spanking) and only limits the people who can administer it.
TFC Section 151.001(e) states that corporal punishment for the reasonable discipline of a child may be used but only by a parent or grandparent of the child; a stepparent of the child who has the duty of control and reasonable discipline of the child; and an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.
TFC Section 261.001 defines abuse of a child, in part, as physical injury that results in substantial harm to the child, excluding reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.
The Texas Penal Code may also provide a legal defense if you are charged with Injury to a Child or Assault on a Family Member. Specifically, Section 9.61 states that the use of force, but not deadly force, against a child younger than 18 is justified:
- if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
- when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
- For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
These two codes both address reasonable discipline but in different ways. The Family Code allows corporal punishment (such as spanking) that does not cause substantial harm. The Penal Code allows force, but not deadly force. The meaning of deadly force is obvious, the meaning of force that is not deadly is vague, so what about substantial harm?
According to Texas Administrative Code (TAC) Rule Section 700.455, substantial harm, in part, means real and significant physical injury or damage to a child that includes but is not limited to any of the following:
- substantial or frequent skin bruising;
- substantial cuts, welts, lacerations, or pinch marks;
- skull or other bone fractures;
- damage to cartilage;
- brain damage;
- subdural hematoma;
- soft tissue swelling;
- impairment of or injury to any bodily organ or function;
- any other internal injury otherwise not specified;
- permanent or temporary disfigurement;
- wounds, including puncture wounds;
- bite marks;
- or any other cruel act that causes pain or suffering to the child.
The same TAC section defines “reasonable discipline” as:
discipline that is reasonable in manner and moderate in degree; does not constitute cruelty, reckless behavior, or grossly negligent behavior; and is administered for purposes of restraining or correcting the child. It shall not include an act that is likely to cause or causes injury more serious than transient pain or minor temporary marks. The age, size, and condition of the child; the location of the injury; and the frequency or recurrence of injuries shall be considered when determining whether the discipline is reasonable and moderate.
This issue of spanking children, using corporal punishment and the exercising of a parent’s duty of reasonable discipline of the child is controversial among many far left liberals, but is considered part of the cultural norm in Texas. Unfortunately, CPS is known to make referrals to law enforcement for a minimal injury (such as a slight bruise) that a child may sustain when he or she is spanked or paddled by a loving parent who cares about their character development and future. And, worse, many CPS agents and judges share the opinion that a single bruise anywhere on the child’s body constitutes child abuse. And, because this is an opinion crime in which reasonable minds may disagree, it is important to find an experienced and skilled criminal defense attorney.
James G. Sullivan and Associates | Houston Injury to a Child Defense
James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending parents accused of Injury to a Child or Assault of a Family Member because they used corporal punishment as a means of reasonable discipline of their children. Sullivan has worked to get four such cases dismissed by the grand jury.
Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your allegations of child abuse in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), and Chambers County (Anahuac).
Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
|CRIMINAL OFFENSE||RESULT||CASE #|
|ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS|
|INJURY TO A CHILD (3° Felony)||NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)||1522880|
|ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)||NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)||1459744|
|INJURY TO A CHILD (3° Felony)||NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)||CASE NOT YET FILED|
|INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTY||NO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)||CASE NOT YET FILED|