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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? They ask us this all the time. This is not the craziest thing to worry especially with battery laws. However, instances where parents or guardians have been arrested for using corporal punishment typically include 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. This is pretty much in line with the logic of other states and cases are normally decided on a case by case nature 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 battery which is a criminal misdemeanor offense punishable by up to one year in jail and $2,500 in fines. This is extremely deleterious when you remember that domestic battery charges cannot be seal or expunged; therefore, your future reputation can be at stake. With respect to your children, you might lose the right to parent them especially if you are divorced from your spouse. Therefore, in order 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 law in every state and Washington, D.C. allows parents to physically discipline their children. 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?
