Legal Question in Criminal Law in Minnesota

Re: Spanking a child

It is not illegal to spank a child. However, there is a fuzzy grey line where a spanking may turn into an assault or a child protection case. As a general rule, spanking should occur with the hand and not an object and should leave no lingering mark.

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Re: Spanking a child

It depends. "Normal" spanking would not be a crime. When corporal punishment of a child is charged as a crime, it would typically be charged as Malicious Punishment of a Child. This can be charged as a felony or gross misdmeeanor depending upon various factors:

� unreasonable force or cruel discipline that is excessive under the circumstances.

� prior convictions.

� child under four.

� level of bodily harm - subtantial vs. great vs. bodily harm.

Minnesota Statutes �609.377, "Malicious Punishment of a Child."

FFI:

http://www.liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html