Is Spanking a Child Considered Illegal in Florida?

All parents have different ways of disciplining their children. Some parents spank their children, while others find it cruel. Spanking as a form of child discipline has been a topic of debate for a long time, especially when it comes to its legality. In Florida, spanking is not automatically considered an act of child abuse. However, if spanking crosses certain boundaries defined by the state’s child abuse laws, it can become illegal and lead to criminal charges. Usually, the question is whether the act causes “harm” to the child, something with the potential of being broadly interpreted. Anyone accused of child abuse for spanking their child would be wise to hire an attorney. What constitutes harm in such cases may not be obvious. It’s best to have an attorney who understands what the law considers “harm.”

Understanding the Law in Florida

According to Florida Statute Section 39.01(2), corporal discipline of a child for disciplinary action is not considered abuse if it does not result in harm to the child. This means that in Florida, parents and guardians are allowed to spank their children or use another method of corporal punishment unless it causes harm to the child. Florida law recognizes that parents and guardians have the right to use reasonable methods to discipline their children.

According to Florida Statute Section 827.03(1)(b), child abuse arises when a person intentionally inflicts physical or mental injury upon a child. Florida Statutes section 39.01(2) goes ahead to state that any deliberate or threatened action that inflicts physical, psychological, or sexual abuse, injury, or harm that leads to or is likely to lead to significant impairment to a child’s physical, psychological, or emotional health is considered abuse.

Case Examples

In the case of Wilson v. State, the defendant, a mother, faced charges of aggravated child abuse for disciplining her child by slapping him with an open hand. The slap caused a bruise and redness. The defendant filed a motion to dismiss the charges, arguing that the act fell within the parental privilege to administer reasonable corporal punishment. The trial court granted the motion, but not entirely. Instead, the charge was reduced to a third-degree felony child abuse. Upon reviewing the case, the appellate court found that the undisputed facts demonstrated the slap was a reasonable exercise of disciplinary authority and fell within the parental privilege. The court found that since the act didn’t meet the threshold of malicious or excessive punishment, the state failed to show it constituted child abuse under the felony statute. The appellate court reversed the appellant’s conviction and sentence.

In the case of Czapla v. State, however, the court rejected the defense of reasonable parental corporal punishment. This case involved a man who punched his son, pushed him into another room, and kicked him while he was on the ground. The court found these actions did not constitute reasonable parental corporate punishment. The court reasoned that kicking a child while the child is on the ground is an intentional act likely to cause physical or mental injury under Florida Statute Section 827.03 (1)(b).

Contact Us for Legal Help

If you’re facing child abuse allegations, contact our Orlando child abuse lawyers at Joshi Law Firm today. We are knowledgeable about child abuse laws and can help you develop a strong defense strategy.

Source:

m.flsenate.gov/statutes/39.01