Many--perhaps even most--parents paddle, spank, or otherwise use physical force to discipline their children. This kind of discipline is generally viewed by law enforcement officers, prosecutors, and the courts as a parental prerogative and not as criminal child abuse. Yet there are limits on the degree of physical force that a parent may lawfully employ and the degree of injury a parent may lawfully inflict. A parent who acts with malice, uses grossly inappropriate force or who causes lasting injury may be prosecuted for child abuse. A recent court of appeals case demarcates the boundaries of permissible parental discipline and sets forth standards for determining when physical discipline by parents constitutes criminal child abuse. State v. Varner. The court of appeals in State v. Varner, ___ N. C. App. ___, 796 S.E.2d 834 (2017), reversed the defendant’s conviction for misdemeanor child abuse based on the trial court’s refusal to define “moderate punishment” as punishment that does not cause lasting injury. Even though the State presented sufficient evidence to establish the defendant’s guilt, the court concluded that, due to the erroneous instructions, the jury could have convicted the defendant simply because it thought the degree of punishment was excessive, even if the jury thought the defendant was acting in good faith and did not inflict lasting injury. Facts. The defendant, his ten-year-old son, and other family members sat down for a pizza dinner. The boy refused to eat the pizza, saying pizza made him gag. The defendant got up from the table, [...]
Faculty Coordinators
