Kara Sears
While spanking and other forms of corporal punishment used to discipline children are becoming less common, some parents still choose to spank their children. In New York, there is an exception in the law that allows parents to use physical force in some circumstances when disciplining their children. However, this is a very grey area, and parents must be careful not to inflict any serious pain or injury on their child, as this could result in criminal charges, including assault, harassment, and child abuse.
| Characteristics | Values |
|---|---|
| Legality of spanking children | Legal, but restricted |
| Criminal charges | Assault, aggravated harassment, child abuse |
| Justification defense | Section 35.10(1) of the New York State Penal Law |
| Physical force allowed | Not deadly, necessary to maintain discipline or promote welfare |
| Age limit | Under 21 |
| Custody impact | High risk |
| Definition of abuse | Leaving marks, welts, cuts, bruises |
| Reporting abuse | Mandatory for doctors, teachers, day care providers, social services workers, police |
| Alternatives | Parenting classes, self-help groups |
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What You'll Learn
Spanking legality in New York
Spanking and other forms of corporal punishment are less common than they used to be, but some parents still use them to discipline their children. In New York, there is an exception in the law that allows parents to use physical force in some circumstances when disciplining their children.
New York State Law
New York State Penal Law § 35.10 provides that:
> A parent, guardian or other person entrusted with the care and supervision of a person under the age of twenty-one… may use physical force, but not deadly physical force, upon such person when and to the extent that he reasonably believes it necessary to maintain discipline or to promote the welfare of such person.
This means that parents can spank their children, but only within reasonable limits. If a child begins to flinch when a parent moves their hand, and someone sees it in public, the police can be called. If a minor tells someone outside the household that they are being physically hurt, the person hearing this is required by state law to call the authorities.
Child Abuse
If a parent leaves a “permanent” mark—welts, cuts, or bruises—this counts as abuse. If a child is bruised or requires medical attention, they may be considered abused. In such cases, the New York State Child Protective Services will document all calls to report child abuse or neglect, and in some cases, they might have to report the case to the Police Department.
Criminal Charges
Parents who spank their children may face criminal charges, including assault, aggravated harassment, and child abuse charges. However, even if the justification defense applies, they could still be arrested and charged with a crime.
Custody
Even if spanking does not result in jail time, it could impact a parent's ability to maintain custody of their children. A family court judge may require the parent to attend parenting classes or some type of anger management course.
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Criminal charges for spanking
In New York, spanking is considered a crime that falls within the state's crimes of assault and aggravated harassment. However, New York law provides an exception that allows parents to use physical force when disciplining their children. This exception is outlined in Section 35.10(1) of the New York State Penal Law, which states that a parent or guardian may use physical force, but not deadly physical force, when they reasonably believe it is necessary to maintain discipline or promote the welfare of the child.
Despite this exception, parents who spank their children may still face criminal charges, including assault, harassment, and child abuse. In one case, a parent was arrested on charges of assault with a dangerous weapon on a child under 14 after spanking their child in public.
The definition of "excessive" corporal punishment is not clearly defined in New York law, leaving it up to the courts to decide on a case-by-case basis. However, if the corporal punishment results in the child requiring medical attention, it is considered a red flag, and criminal charges are likely to follow.
To avoid criminal charges, parents are advised to ensure that any punishments are measured and reasonable and do not appear cruel, vindictive, or sadistic. Any slapping or spanking should be limited in severity and duration.
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Child abuse charges
While corporal punishment for children is legal in New York, parents should be mindful of the FCT Law 1012, which states that a child could be considered "neglected" if their physical, mental, or emotional condition has been impaired or is in danger of becoming impaired due to the parent or caregiver "unreasonably inflicting or allowing harm, or substantial risk, including the infliction of excessive corporal punishment."
The New York State Penal Law provides a justification defense for parents who subject their children to physical force, allowing them to use physical force, but not deadly physical force, when they reasonably believe it necessary to maintain discipline or promote the child's welfare. However, when a parent spanks a child, they may face criminal charges, including assault, harassment, and child abuse charges.
Child abuse is a serious crime in New York, and those charged with assault and battery of a child may face up to 25 years in prison without proper representation. Child abuse is defined as any injury inflicted intentionally, causing impairment of physical or mental health, disfigurement, or death. Child physical abuse includes inflicting or allowing serious physical injury, such as shaking, beating, biting, kicking, punching, and burning. It also includes creating conditions that lead to a child becoming a victim of serious physical injury, such as exposing them to family violence or drug use.
If you or someone you know has been accused of child abuse or neglect in New York, it is essential to consult with an experienced child abuse lawyer for legal guidance. New York has stiff penalties for those charged with child abuse, and the laws surrounding it are complex. Mandated reporters, such as doctors, teachers, daycare providers, social services workers, and police officers, are required by law to report any suspected abuse or neglect. Reports can be made to the NY State Child Abuse and Maltreatment Hotline at (800) 342-3720, and language assistance is available.
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Custody loss
In New York, it is legal for parents to spank their children, but only within "reasonable limits". While there is no specific definition of "reasonable limits", it is clear that the punishment must not inflict serious pain or injury on the child. If a child requires medical attention as a result of corporal punishment, this is a red flag, and criminal charges are likely to follow.
The New York Family Court Act defines a neglected child as one under the age of 18 whose emotional, mental, or physical condition has been impaired or is in imminent danger of becoming impaired as a result of their parent or caregiver failing to exercise a "minimum degree of care". This includes unreasonably inflicting harm or allowing harm to be inflicted, including excessive corporal punishment.
If a parent or caregiver is deemed to have unreasonably inflicted harm on a child, this could result in custody loss. In some cases, the family court judge may require the parent or caregiver to attend parenting classes or anger management courses.
In addition, New York law requires some people, including doctors, teachers, day care providers, social services workers, and police, to report any suspected abuse or neglect. If a child discloses that they are being physically hurt in the household, this is enough for these professionals to be required by state law to call the authorities.
In summary, while spanking is legal in New York, it is a fine line between what constitutes discipline and abuse. If a parent or caregiver crosses this line, they may face criminal charges and custody loss.
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Alternatives to spanking
Spanking is a form of corporal punishment, which involves the use of physical force to inflict pain as a means of correcting or controlling a child's behaviour. While some may view spanking as a viable disciplinary method, it is important to explore alternatives that are more effective and less harmful. Here are some research-backed alternatives to spanking that promote positive discipline and help children develop essential skills:
Provide Choices and Empower Your Child
Instead of imposing decisions, offer your child choices within defined boundaries. This approach provides a sense of control and teaches them to make good decisions. For example, instead of demanding that your child eat their vegetables, offer them a choice between two healthy options. This empowers them to make decisions while still adhering to the boundaries you've set.
Time-Outs for Both Parents and Children
Time-outs can be an effective tool for both parents and children. If you feel yourself becoming angry or frustrated, remove yourself from the situation. Take a moment to calm down, count to ten, or call a friend to help you regain composure. Similarly, if your child is acting out, implement a time-out for them. Remove them from the immediate environment, preferably somewhere quiet, and have them stay there for a duration appropriate to their age (a good rule is one minute per year of their age). Ensure they understand that their behaviour led to the time-out, but avoid engaging further on the issue at that moment.
Distract and Redirect
Sometimes, misbehaviour can be a result of a child's need for attention or stimulation. In these cases, distraction and redirection can be powerful tools. Offer your child an interesting toy or activity to shift their focus away from undesirable behaviour. This approach can be especially effective for younger children.
Empathy and Understanding
Discipline doesn't have to be punitive to be effective. Instead of reacting with anger, try adopting an "empathetic mindset." Talk to your child calmly and clearly, seeking to understand their perspective. This approach helps to build trust and encourages open communication. It also teaches your child that conflicts can be resolved without resorting to violence or aggression.
Reward Positive Behaviour
Focus on rewarding desirable behaviour instead of solely punishing undesirable behaviour. Find out what truly motivates your child, and use that as a form of positive reinforcement. This could be extra attention, praise, or a special treat. By rewarding good behaviour, you encourage your child to repeat it while also strengthening your bond.
Plan Ahead and Control the Environment
Anticipate situations where your child may struggle with self-control or appropriate behaviour. For example, if they tend to get irritable before mealtimes, have a strategy in place, such as providing a distracting toy or activity. By controlling the environment, you can help scaffold your child's self-control and reduce the need for harsh discipline.
Making the shift from spanking to alternative disciplinary methods can be challenging, but it is worth the effort to ensure your child's well-being and development. These alternatives provide a foundation for building essential skills like self-regulation, empathy, and social competencies while also fostering a positive parent-child relationship.
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Frequently asked questions
Spanking your child is legal in New York, but only within reasonable limits. Parents must not inflict any serious pain or injury on their child.
There is no specific definition of "reasonable limits" in New York law. However, if a child flinches when a parent moves their hand, this could be considered a sign of abuse. If a minor indicates that they are being physically hurt or are experiencing emotional distress, authorities must be contacted.
If a parent leaves a permanent mark, such as welts, cuts, or bruises, this counts as abuse. In such cases, the New York Administration of Children's Services (ACS) may get involved, and the parent may face criminal charges, including assault, aggravated harassment, and child abuse.
