Parents are permitted to use reasonable corporal punishment, like spanking, on their children with Nevada law. However, the parent can face criminal charges for child abuse (NRS 200.508) if the punishment causes physical or mental injury. Today, we at Kajioka & Associates, Attorneys at Law would like to discuss Nevada Corporal Punishment Law.
What Corporal Punishment Means
“The intentional infliction of physical pain, including, without limitation, hitting, pinching or striking” is defined by Nevada Law corporal punishment. Forms of punishment as a smack or a spanking is included.
Are Parents Allowed to Hit Their Child in Nevada?
Permitted to use reasonable physical discipline on their children are a child’s parents, or guardians. It crosses the line into abuse or neglect of a child if the physical force becomes excessive or results in physical injury or mental injury. Illegal physical punishment examples:
– More than one meal is withheld
– A child is pushed down a flight of stairs
– Marks, cuts, or bruises are left behind from paddling or belting a child
– Forcing a child sit or stand in a position that is painful
– Child is kept in an enclosed, uncomfortable space
– Not allowing the child to use the bathroom
– Forcing to eat non-food, such as soap onto the child
– Dragging them by their ear
– Choking the child
Do Schools Allow Physical Discipline of Children
In Nevada, corporal punishment in public school districts and in private schools is prohibited by Nevada state law.
Physical Discipline on Inmates in Juvenile Detentions. The use of corporal punishment on juvenile offenders is prohibited under Nevada state law.
Penalty for Excessive Corporal Punishment. Usually prosecuted as category B felony child abuse is excessive corporal punishment in Nevada. The defendant faces one to six years in Nevada State Prison if the maltreatment causes no substantial physical or mental harm. A subsequent offense carries a two-to-15-year prison sentence. Even a first-time offense carries two to 20 years in prison if the child does sustain substantial bodily or mental harm. Injuring one’s child can result in a termination of parental rights, note that in extreme cases.
What to Do when You are Falsely Accused of Hitting a Child?
People accused of excessive corporal punishment in Nevada may be able to argue, depending on the case, by the factors below.
1) The defendant is falsely accused, and the child made up the abuse.
2) Only necessary force was inflicted to defend themselves or others as the defendant was acting in lawful self-defense.
3) The defendant had no intention to harm the child as the incident was an accident.
4) Physical abuse was not constituted by any corporal punishment the defendant inflicted.
5) When questioning the child, law enforcement or CPS (Child Protective Services) used improper interrogation techniques.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Ultimately, the charge could be reduced or dismissed if the defense attorney can show prosecutors there is a reasonable doubt as to the defendant’s guilt. If you are being charged with abuse where corporal punishment was enforced, call Kajioka & Associates, Attorneys at Law to schedule a consultation.