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I Spanked My Child, Am I Going To Jail?

I Spanked My Child, Am I Going To JailIf I spanked my child, am I going to jail? The answer is, most likely not, however, it depends on a variety of factors. This article explains what can and cannot get you arrested for battery when punishing your child by physical means. Please note that I in no way condone even touching your child, however, it is important to be educated on this topic and learn what the State of Florida finds legal and illegal. I must say, it is quite interesting.

I recently won a case via a Motion to Dismiss which I filed on behalf of my client who was accused of Simple Battery against his 15 year old daughter, in violation of Florida Statute §784.03.

My client, a prominent professional, had a lot on the line to lose if convicted of battery. Therefore, as always, I thoroughly researched the facts of his case and, in doing so, learned that what the police stated he did, was in fact not a crime within the state of Florida.

In the state of Florida , a parent may assert, as an affirmative defense to child abuse or battery, his or her parental right to administer “reasonable” or “non excessive” corporal punishment on a child.

Florida upholds a well-established principle that a parent, or one acting in loco parentis, does not commit a crime by inflicting corporal punishment on a child subject to his authority, if he remains within the legal limits of the exercise of that authority. So you might be thinking: when I’ve spanked my child, does that count as corporal punishment?

But what is “reasonable” or “non-excessive” corporal discipline? Florida Statute § 39.01(30)(a)4 provides that inappropriate or excessively harsh disciplinary action is action that is likely to result in physical injury,  mental injury or emotional injury.

In determining whether injury has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child: the age of the child; any prior history of injuries to the child; the location of the injury on the body of the child; the multiplicity of the injury; and the type of trauma inflicted. Such injury includes, but is not limited to:

Willful acts that produce the following specific injuries:

  • Sprains, dislocations, or cartilage damage.
  • Bone or skull fractures.
  • Brain or spinal cord damage.
  • Intracranial hemorrhage or injury to other internal organs.
  • Asphyxiation, suffocation, or drowning.
  • Injury resulting from the use of a deadly weapon.
  • Burns or scalding.
  • Cuts, lacerations, punctures, or bites.
  • Permanent or temporary disfigurement.
  • Permanent or temporary loss or impairment of a body part or function.

See, Fla. St. Sect. 39.01(30)(a)4

Florida courts have differentiated what is non-permissible corporal punishment vs. permissible corporal punishment.

Non-Permissible Corporal Punishment:

The First District Court of Appeals in Czapla v. State, 957 So.2d 676 (Fla. 1st DCA, 2007), held that the Defendant exceeded reasonable corporal punishment. In that case, the Court charged the Defendant following an incident with his teenage son.

According to the son’s testimony, he slept late one weekend morning, a day on which he had agreed to rake a neighbor’s yard. Czapla awoke the son, but the son explained it was too late to get started on the yard work because he was required to be some-where else by mid-morning. Later that morning, Czapla confronted the son about not doing the yard work as agreed and, an argument ensued.

Then, according to the son, Czapla punched the son in the head, pushed him into an adjoining room and onto the floor, and, while the son was on the floor, kicked the son in the side. Later that day, the son met with his mother, who is estranged from Czapla. His mother contacted the police. At the time of the incident, the son was 15 years old and weighed at least 160 pounds. His weight and size, even if exceeding the father’s did not matter. The court found what Czapla did to be excessive and unlawful.

Permissible Corporal Punishment

An example of permissible corporal punishment, a battery in fact, is in Wilson v. State, 744 So.2d 1237 (Fla. 1st DCA 1999). In Wilson, a mother slapped her six year old son with an open hand across the face in an attempt to discipline him after a temper tantrum. Based on Florida’s parental privilege, the court held that “the undisputed facts in this case, taken in the light most favorable to the state, establish a privileged battery in the course of discipline”. While slapping my child is different than having spanked my child, this case highlights an act of permissible corporal punishment.

State v Figarola

Likewise in State v Figarola, 788 So.2d 1109 (Fla. 3rd DCA, 2001), the Third DCA affirmed that the Defendant’s behavior constituted reasonable parental discipline. In this case, Figarola struck his son Carlos twice when Carlos refused to eat the dinner which Figarola had prepared and served. Figarola split Carlos’ lip as a result. Figarola then forced Carlos to eat the dinner, causing him to choke.

The State charged him with felony child abuse. He subsequently moved to dismiss the charge against him. Figarola alleged that the undisputed facts did not set forth a prima facie case of guilt pursuant to Wilson v. State, 744 So.2d 1237 (Fla. 1st DCA 1999), where a mother slapped her child across the face, leaving a bruise and redness. Figarola’s motion under Wilson was granted when the State conceded that the trial court must do so.

In my client’s case, he allegedly pushed his daughter who fell on to the bed, as per the officer’s affidavits, yet completely disputed by my client. If in fact true, as stated in my motion to dismiss, the act of pushing his daughter on the bed clearly fell within what Florida considers permissible corporal punishment. Upon reviewing my motion, at the hearing, the State conceded my argument and dismissed the case against my client.

Author: M. G. Hansen

Marcia Giordano Hansen has been practicing law for almost 20 years. During this time, she has worked for the government at the Miami Dade Public Defender’s office representing indigent clients accused for state criminal offense; for an insurance defense firm wherein she represented doctors sued for medical malpractice and entities sued for negligence; and for a private white collar criminal defense firm practicing white collar crime defending individuals accused of social security fraud, Medicare fraud, drug trafficking and other federal crimes. Her wide range of knowledge in these different areas of law, coupled with the teachings of some of the most well respected legal minds in the country gives her a unique skill set which has benefited all of her clients resulting in victory and success in each case she has handled. Mrs. Hansen, in her own practice, has handled criminal defense cases, personal injury cases and real estate disputes. She speaks Spanish, French and is proficient in Italian which enables her to represent clients from all over the world. She is dedicated to the growth and success of Hansen & Taylor and prides herself in giving VIP treatment to each and every client. Marcia lives in Coral Gables with her husband and daughter. She is an avid sports fan, an animal lover and political junkie. She is also a supporter and member of the Board of Executive Relations for the Special Olympics of Miami, an organization dedicated to the well being of children and adults with disabilities.

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019

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