4 replies to this topic

[tiggerlooking22]

Is it agianst the law to Spank a 10year old child in Kentucky ???????

[dwnntexas]

I'm not an attorney ,but a mother of five wonderful boys... I live in Alabama .. My theory is that GOD did not put vital parts like liver kidney heart etc....... in the badokeydok so if the 10 yr old needs it I spank mine and there all productive males.........  

[lawtalkingguy]

The short answer is no, it is not illegal to spank a child in Kentucky. This issue is expressly addressed in Kentucky Revised Statute 503.110 (http://www.lrc.ky.go.../503-00/110.PDF) as copied below:

503.110 Use of force by person with responsibility for care, discipline, or safety of others.

(1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and:

(a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant's responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and

( The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.

So, bottom line, so long as your use of force in spanking the child is "not designed to cause or known to create a substantial risk to cause" serious injury then it is perfectly legal. Granted, that doesn't mean that some busybody with too much free time might not call Kenytucky's version of CPS, but as far as the actual statutory language goes there is nothing illegal about spanking a child in a reasonable and controlled manner in the state of Kentucky.

[pg1067]

I already answered this, and I'm not sure why you felt the need to post the same thing twice.  Nor do I see what the point is of the first person who responded telling you his/her personal opinion, which has nothign whatsoever to do with the law.

[FindLaw_Pierre]

Can you be more specific regarding the facts behind why you want to strike your child? As you may already know, battery is a crime.