Is spanking child abuse?

If you have turned on the television this week, you probably are aware of the allegations that Minnesota Vikings running back Adrian Peterson is facing. He has been indicted by a grand jury on allegations of felony child abuse because he used a thin, whip-like branch, or "switch" to punish his four year old child. The corporal punishment “allegedly resulted in numerous injuries to the child, including cuts and bruises to the child’s back, buttocks, ankles, legs and scrotum, along with defensive wounds to the child’s hands.”

http://www.washingtonpost.com/sports/redskins/minnesota-vikings-rb-adrian-peterson-indicted-on-child-abuse-charges/2014/09/12/2adf5c02-3adb-11e4-8601-97ba88884ffd_story.html

So, is spanking illegal in Washington? The short answer is "no." Parents are legally allowed to use physical discipline in Washington State. However, the issue is complex and there is a fine line between corporal punishment and abuse. The fine line gets even more blurry when a party to your custody case or CPS is making allegations against you. Even if you are not facing criminal allegations, you do not want to be defending child abuse allegations in your family law case because the commissioners and judges frown upon physical punishment-- even if it is simply spanking. Often, family law courts will include in the parenting plan a provision restraining either parent from physically punishing the child.

Here is the relevant Washington Criminal Code statute:

RCW 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable.

It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. However, the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.

     The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.

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Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

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