Under Nevada law, parents are allowed to use reasonable corporal punishment (such as spanking) on their children. The law draws the line at injury: If the child suffers physical or mental injury, then the parent can face criminal charges for child abuse (NRS 200.508).
1. What is corporal punishment?
Under Nevada law, corporal punishment is:
“the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.”1
This includes forms of punishment such as smacking or spanking.
2. Can parents use corporal punishment in Nevada?
A child’s parents (or guardians) are permitted to use reasonable physical discipline on their children. That said, if the physical force becomes excessive or results in bodily injury or mental injury, then it crosses the line into abuse or neglect of a child.2
Examples of excessive (and thus illegal) physical punishment may include:
- Paddling or belting a child so hard it leaves a mark, cut, or bruise,
- Pushing a child down a flight of stairs,
- Dragging them by their ear,
- Choking the child,
- Keeping the child from using the bathroom,
- Withholding more than one meal,
- Forcing the child to eat non-food, such as soap,
- Keeping the child in an enclosed, uncomfortable space, or
- Making the child sit or stand in a painful position.3
Some children make up stories of child abuse.
3. Can schools physically discipline students?
No. Nevada state law prohibits the use of corporal punishment in public school districts and in private schools.4
4. Can juvenile detentions physically discipline inmates?
No. Nevada state law prohibits the use of corporal punishment on juvenile offenders.5
Corporal punishment that becomes child abuse is a felony in Nevada.
5. What is the penalty for excessive corporal punishment?
Excessive corporal punishment in Nevada is usually prosecuted as a category B felony child abuse.
If the maltreatment causes no substantial physical or mental harm, you face one to six years in Nevada State Prison. Then a subsequent offense carries a two-to-15-year prison sentence.
Though if the child does sustain substantial bodily or mental harm, then even a first-time offense carries two to 20 years in prison.6
Note that in extreme cases, injuring your child can result in a termination of parental rights.7
6. How can I fight child abuse charges?
Here at Las Vegas Defense Group, I have represented literally thousands of people charged with child abuse, including in cases related to excessive corporal punishment. In my experience, the following five defenses have proven very effective with prosecutors, judges, and juries.
- The child made up the abuse and falsely accused you;
- You were acting in lawful self-defense and inflicted only necessary force to defend yourself or others;
- The incident was an accident, and you had no intention to harm the child;
- Any corporal punishment you inflicted did not constitute physical abuse; or
- Law enforcement or CPS (Child Protective Services) used improper interrogation techniques when questioning the child.
As long as there is a reasonable doubt as to your guilt, your charge could be reduced or dismissed.
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.
See our related articles on When is disciplining my child illegal in Nevada? and Nevada State Mandated Reporter Law – 3 Things to Know.
Legal References
- Nevada Revised Statute 388.478. See also Sege RD, Siegel BS; Council on Child Abuse and Neglect; Committee Psychosocial Aspects of Child and Family Health. Effective discipline to raise healthy children. American Academy of Pediatrics. 2018;142(6):e20183112. doi:10.1542/peds.2018-3112 (“With new evidence, researchers link corporal punishment to an increased risk of negative behavioral, cognitive, psychosocial, and emotional outcomes for children.”). See, for example, Solander v. State (Nev. 2020) .
- NRS 432B.150.
- See Corporal Punishment – Nevada Department of Public Health and Wellness.
- NRS 388.497 (1993). See, for example, Doe v. Nevada, 2006 U.S. Dist. LEXIS 63971 (D. Nev. Sept. 7, 2006). See, for example, Roe v. Nevada, 2007 U.S. Dist. LEXIS 94860 (D. Nev. Dec. 10, 2007).
- NRS 209.371.
- NRS 200.508.
- NRS 128.013.
