Spank Your Kid! It's Legal in Texas
- if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
- when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
- 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.
- substantial or frequent skin bruising;
- substantial cuts, welts, lacerations, or pinch marks;
- skull or other bone fractures;
- damage to cartilage;
- brain damage;
- subdural hematoma;
- soft tissue swelling;
- impairment of or injury to any bodily organ or function;
- any other internal injury otherwise not specified;
- permanent or temporary disfigurement;
- wounds, including puncture wounds;
- bite marks;
- or any other cruel act that causes pain or suffering to the child.
discipline that is reasonable in manner and moderate in degree; does not constitute cruelty, reckless behavior, or grossly negligent behavior; and is administered for purposes of restraining or correcting the child. It shall not include an act that is likely to cause or causes injury more serious than transient pain or minor temporary marks. The age, size, and condition of the child; the location of the injury; and the frequency or recurrence of injuries shall be considered when determining whether the discipline is reasonable and moderate.
|CRIMINAL OFFENSE||RESULT||CASE #|
|ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS|
|INJURY TO A CHILD (3° Felony)||NO BILLED BY GRAND JURY (Client used reasonable discipline against her 9 year old daughter and was accused of abusing her)||1522880|
|ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case (3° Felony)||NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)||1459744|
|INJURY TO A CHILD (3° Felony)||NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)||CASE NOT YET FILED|
|INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTY||NO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him. She accidentally slapped him on his side when he was resisting the hand spanking)||CASE NOT YET FILED|