In September, Minnesota Vikings’ running back Adrian Peterson was indicted on felony child-abuse charges for hitting his son with a switch. He recently agreed to a plea bargain reducing the charges to a misdemeanor charge of reckless assault. Peterson, whose future NFL career is uncertain, will perform community service and pay a $4,000 fine.
This recent case sparked a heated debate about the use of corporal punishment on children. According to a recent report issued by the Brookings Institution, 81 percent of Americans believe that it is sometimes appropriate to spank their kids. However, what constitutes an “appropriate” situation varies among families, communities and government officials. It is a parental right to discipline your kids, but the punishment must conform to legal standards.
Child Abuse
While Illinois law permits parents to discipline their children, moms and dads do not have unfettered punishing discretion. In fact, a parent, parent’s significant other, immediate family member, person residing in the same household, or any person responsible for a child’s welfare can be charged with child abuse if he or she:
- Inflicts physical injury upon the child that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of a bodily function;
- Creates a substantial risk of such physical injury to the child;
- Tortures the child;
- Inflicts excessive corporal punishment (see below);
- Commits female genital mutilation;
- Sells, transfers, distributes or gives a controlled substance to the child; or
- Forces the child into involuntary servitude or involuntary sexual servitude, or commits child trafficking.
Corporal Punishment
It is often a fine line between punishment and child abuse, especially when it comes to corporal punishment. Generally, parents may not inflict “excessive corporal punishment” upon their children, but they may use corporal punishment if it conforms to a standard of “reasonableness.” What do these standards mean? Unfortunately, the law is not clear. In fact, “reasonableness” depends on the particular situation. A reasonable punishment for a teenager might not be a reasonable punishment for a toddler. Likewise, a reasonable punishment for an able-bodied child might not be a reasonable punishment for a disabled child.
The Illinois Department of Children and Family Services has discussed the prohibition against corporal punishment in more detail. In a document discussing the duties of foster parents, the department defines corporal punishment as “any type of physical punishment, discipline, or retaliation inflicted upon any part of the body of a child.” Examples include hitting, pinching, punching, shoving, slapping and spanking. (Although spanking can be excessive, it is generally considered an acceptable form of discipline.)
Child abuse is a serious offense. A conviction carries jail time, monetary fines and the possible loss of parental or visitation rights. If you are accused of crossing the line between corporal punishment and abuse, then you need a Schaumburg, IL criminal defense attorney on your side. Contact Glasgow & Olsson today for a free consultation. We will mount an aggressive defense, explaining that the punishment was not excessive but was reasonable under the circumstances. We can assist those in Chicago and the surrounding suburban areas.