Is it illegal to spank your child in California?

In California, it is not necessarily illegal to spank (or otherwise use corporal punishment on) your child for purely disciplinary purposes. It becomes a crime, however, if the punishment is deemed to be cruel or inhumane.

Courts normally draw the line at injury. If you inflict visible injury on the child, chances are that it crosses the line from reasonable discipline to child abuse.¹

Examples of corporal punishment that could qualify as child abuse in California include:

• The spanking left a lasting mark
• The spanking was so frequent and painful that the child developed an emotional disorder
• The child’s head was hit
• The child was threatened with serious physical harm (more than just a spanking)

Certainly, every case is different and turns on unique facts and circumstances. Therefore, there is a subjective gray area between where lawful corporal punishment ends and child abuse begins.

Is it illegal in California to spank a child with an object?

A parent is permitted to spank a child with an object if it is justifiable. Justifiable means that:

• a reasonable person would find that punishment was necessary under the circumstances,
• the method of spanking was reasonable.²

Note that in many countries it is now illegal to spank a child. Sweden, for example, banned the physical punishment of children in 1979.³

What could I be charged with for spanking a child excessively?

If spanking is excessive, or not for disciplinary purposes, child abuse charges could be filed against you. To convict you of child abuse in California a prosecutor would have to convince a jury beyond a reasonable doubt that:

• you willfully inflicted cruel or inhuman physical punishment, or injury, on a minor;
• the punishment or injury inflicted caused a traumatic physical condition; and
• when you acted, you were not reasonably disciplining the minor.

A “traumatic condition” is a wound or other bodily injury caused by the direct application of physical force.

An injury is inflicted “willfully” if the act causing the injury is done on purpose. It is not necessary that you intend to break the law or injure the child.⁴

There are additional crimes that could be charged if there is a corporal injury to a child. These include:

• child endangerment under Penal Code 273a,
• child neglect under Penal Code 280,
• battery under Penal Code 242.

What is the punishment for excessive spanking?

It depends on the facts of the case and your criminal history. As a wobbler, child abuse under PC 273d can be filed as either a felony or a misdemeanor.

If charged as a misdemeanor, child abuse is punishable by:

• one year in county jail,
• up to a $6,000 fine.

If charged as a felony child abuse is punishable by:

• two, four, or six years in jail,
• up to a $6,000 fine.⁵

In addition to criminal penalties, excessive or unreasonable spanking could lead to the opening of a juvenile dependency case and interference by Child Protective Services (CPS).

Probation instead of incarceration

Probation is possible in a child abuse case. If placed on probation for child abuse, punishment must include:

• a minimum of three years probation (up to six years in felony cases),
• a protective order protecting the child from further violence or threats,
• completion of a minimum one-year child abuser’s treatment counseling program.⁶

How can I fight the charges?

Defenses that can be raised if you are charged with child abuse for excessive spanking are:

• the accusations are untrue,
• something other than abuse caused the child’s injuries,
• you were within your lawful right to discipline the child,
• the injury was caused by an accident.

Can my name be listed on the Child Abuse Central Index?

Yes, your name could be listed on the child abuse central index (CACI) for excessive spanking of a child even if criminal charges are never filed against you. The child abuse allegations just need to be substantiated by an investigator.

If you want to have your name removed from the CACI, you must timely request a grievance hearing.⁷

What about mandatory reporters?

In California, there are mandatory reporting laws that require certain professions to report suspected instances of child abuse or neglect. Mandatory reporters include:

• teachers and school personnel,
• priests, rabbis, and other clergy members,
• doctors, nurses, EMT’s, and other medical providers,
• police and firefighters,
• social workers and counselors.

A mandated reporter who fails to report child abuse could be charged with a crime.⁸

Five tips for corporal punishment

1. Do not resort to corporal punishment if at all possible. If you do, keep it minimal.
2. Tell your child they can avoid being hit if they correct their behavior.
3. Do not cause any bruises or other injuries.
4. Do not use any objects other than your hand. Belts and paddles can cause contusions.
5. Never administer corporal punishment in front of a mandatory reporter.

Additional reading

For more in-depth information, refer to scholarly articles:

• Spanking and other Corporal Punishment of Children by Parents: Overvaluing Pain, Undervaluing Children – Houston Law Review.
• Nonabusive Spanking: Parental Liberty or Child Abuse – Children Legal Rights Journal.
• The Science and Statistics behind Spanking Suggest that Laws Allowing Corporal Punishment are in the Best Interests of the Child – Akron Law Review.
• Defining reasonable force: Does it advance child protection? – Child Abuse & Neglect.
• Spare the Rod, Embrace Human Rights: International Law’s Mandate against All Corporal Punishment of Children – Whittier Law Review.

Legal References