We all parent in different ways, and we’ve all been in a situation where the words you are saying to your child are simply not getting through to them, or you feel the need to lay down a punishment that is more than just verbal in nature. We’re not here to judge anyone for their parenting, but as an expert in the legal field, we do want to take a closer look at how Minnesota law handles the physical discipline of a child. When does acceptable physical discipline become assault? We answer that question and more in today’s blog.
When Does Physical Discipline Become Assault
If you came here looking for a definitive answer that clearly outlines when an action crosses the line from physical parental discipline to assault, we’re sorry to disappoint. There is no clear and obvious line when it comes to the argument of discipline versus assault. Instead, it is handled much like United States Supreme Court Justice Potter Stewart’s answer in regards to obscenity – “I know it when I see it.” The courts do provide parents with the ability to physically discipline their children, but whether or not the action crosses the line into assault will be determined on a case-by-case basis and whether or not it is considered a “reasonable” amount of force.
Under Minnesota Statute 609.06, it states that a “parent, guardian, teacher or other lawful custodian may use reasonable force to restrain or correct” a child or student. What is reasonable is up to the court based on the specific circumstances. Many courts would have no issue with a parent spanking or slapping their child in a corrective manner, but if the action involves multiple physical acts or occurs over an extended period of time, it may end up being a criminal matter.
Some factors that Minnesota courts would consider when diving into the possibility that a disciplinary action rose to the level of assault include:
- The age, height and weight of the child
- The action that resulted in the need for discipline
- The degree of force used by the parent
- The physical impact of the discipline
All of this information will be used to determine whether or not a specific action rose to the level of assault, and it speaks to the importance of why there isn’t a black and white definition. Slapping an 8-year-old for intentionally throwing rocks through a neighbor’s window would certainly be viewed differently than slapping a two-year-old who knocked their milk cup off the table during a temper tantrum. So many details need to be analyzed on a situational basis before a decision can be rendered.
We hope you never need to defend yourself against assault charges against a family member or loved one, but if you need assistance with this or any type of criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
