Some parents and adults responsible for the wellbeing of children have expressed concern that they cannot discipline their child or if they do that they might get in legal trouble. Will I get arrested if I spank my child? The answer might be of concern because of state battery laws. There are instances where parents and guardians have been arrested for using corporal punishment. However, these cases typically involve extreme situations-where adults seriously injured kids. The governing law in Illinois is the Abused and Neglected Child Reporting Act Section 325 ILCS 5/3, and it allows parents the right to spank their unruly children. However, they also must be reasonable in their use of force and cannot "excessively" spank kids. The courts rule on finding based on a case by case evidence according to the specific facts and circumstances of the incident.
What Happens If I Break This Rule?
The consequences of breaking the "spanking rule" in Illinois can be severe. You might be convicted of a battery which is a criminal misdemeanor offense punishable by up to one year in jail and $2,500 in fines. This punishment can be legally deleterious because domestic battery charges cannot be sealed or expunged, holding your future reputation at stake. You might lose the right to parent them especially if you are divorced from your spouse. Therefore, to avoid the sanctions and culpability of 720 ILCS 5/12-3.2 (domestic battery), you need to assert the defense that you were disciplining your child when you spanked him or her. When doing so, you must exhibit how your punishment was reasonable and avoided the use of excessive force.
Questions About Disciplining Your Children? Give Us A Call!
Yes. The laws in every state and Washington, D.C. allow parents to discipline their children using corporal punishment. The only limit on parents' right to spank their kids is that they must be reasonable and not inflict injury. However, these general guidelines allow states a lot of flexibility in crafting specific spanking rules.
For additional information see the following pages:
- How Are Children Injured?
- What Can a Child Obtain in a Personal Injury Case?
- What Are Child Injury Laws?
- What Is Institutional Child Abuse?
- What Can I do If I Have Been Harmed or Know a Child That Has Been Harmed?
- What Are Child Injury Cases Worth?
- What Resources Are There For Injured Children?
- How Can a Lawyer Fight For Your Injured Child?
- What Medical Injuries do Children Suffer?
- What Are Typical Childhood Injuries?
- Are Children Injured More Frequently Than Adults?
- Do Children Get Hurt More Than Adults in Hospitals?
- Can I Get in Trouble For Falsely Reporting Child Injuries?
- Do Children's Injury Cases Normally Settle or Go To Trial?