Is Spanking Legal?
QUESTION: Is it against the law for me to spank my child?
ANSWER: Recently, our law firm has handled several cases where clients have been charged criminally for spanking their own children. Alabama law has a statute called “Willful Torture or Abuse of a Child” (§26-15-3) which includes imprisonment for up to 10 years. Obviously, this statute was intended to punish a person for actions much more serious than a spanking. However, sometimes an overzealous prosecutor’s discretion misses the mark and the criminal charges must be resolved by a judge or jury.
Our firm has the experience to handle these case and fight for you. Just two weeks ago, our client was found not guilty by a Baldwin County jury that deliberated less than 40 minutes.
Moreover, Alabama law protects a parent from criminal prosecution in spanking their child. §13A-3-24 says “A parent, guardian or other person responsible for the care and supervision of a minor may use reasonable and appropriate physical force upon the minor when and to the extent that he reasonably believes it necessary and appropriate to maintain discipline or to promote the welfare of the minor.” Obviously, a spanking is not abuse or torture and abuse or torture is not a spanking. Many people are wrongly charged with crimes every day.
Please contact our law firm and schedule a free consultation if you, or someone you know, has been wrongly charged with a crime.
Give us a call at 251-968-2320 for your free consultation.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.