Legal Question in Criminal Law in Texas

Is it illegal to spank your child with your hand in the state of texas?


Asked on 5/25/13, 4:20 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Here is the statute about parental discipline:

� 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

So, it is not illegal as long as you do not beat the crap out of the child and as long as the child is of a reasonable age. (It would not be considered "necessary" to spank, say a 6 month old....)

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Answered on 6/17/13, 12:03 pm


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