Texas Mother Punished for 5 years for Spanking Daughter

[Perknose]

http://www.mycoloradodefenselawyer.com/criminal-charges/assault/

http://www.colorado-criminal-lawyer.com/felony_cases/assault.html

http://www.assaultandbattery.org/colorado/


i'm at work so cannot post the exact statute, but three different law firms have the same definition

From your third link, here is the Pennsylvania law on assault.

Pennsylvania Assault Laws

Simple Assault Laws and Penalties

A simple assault is typically one that doesn’t result in serious injury. In all actuality, it doesn’t have to result in any injury at all. You can be charged with simple assault without even touching someone—simply by putting them in fear that you would.

And now, for the purposes of this thread discussion, here is the Texas law on the matter, THE ONLY ONE THAT MATTERS HERE, again from your own third link:

Texas
Assault charges in Texas can range from a simple threat or argument, a fistfight or brawl, or a violent attack with a dangerous weapon.

Under Texas law, you can be charged with assault resulting from an incident with no physical contact.

Acts of Assault

An act of assault can be one of three things:

Intentionally, knowingly, or recklessly causing bodily injury to another person.
Intentionally or knowingly threatening someone with bodily injury.
Intentionally or knowingly causing physical contact in a manner considered offensive or provocative.

 

[guyver01]

From your third link, here is the Pennsylvania law on assault.

And now, for the purposes of this thread discussion, here is the Texas law on the matter, THE ONLY ONE THAT MATTERS HERE, again from your own third link:

and that's fine for Texas and Pennsylvania...

but using a blanket statement "a slap is assault" .. which i was arguing... is INCORRECT.

 

[Craig234]

What a waste of time with this doofus. From *Colorado*:

Third degree assault is commonly charged in situations involving minor physical altercations that do not involve apparent injury but do involve some degree of physical pain. Third degree assault is often charged in situations alleged to involve domestic violence, for example when a wife says that her husband hit or pushed her, or vice versa, and it hurt.

http://www.lawinfoboulder.com/areas_criminal_litigation/third_degree_assault.html

I'd say involuntary spanking an adult stranger is 'no injury, some degree of pain'.

 

[Ackmed]

Did your grandmother take you to the hospital because of it?

No, because that would be stupid. Which doesnt matter. What matters is that the judge doesnt want anyone to spank their kids anymore, because he thinks its wrong. Claiming that todays times are different that yesteryears. Which can be true in most things. However, a child who disobeys still goes on. In fact, I would say it does more in todays world, than in "the old days" like he uses.

Obviously some people think spanking your kids is wrong, and they're entitled to that opinion. And can raise their kids that way. I do not think it is wrong, and have raised my kids that way. And I have very rarely had to resort to spanking them.

The lawmakers of our great Country are going soft. You see it all the time, in many different situations. A few years ago a couple got in trouble for taking pictures of their kids in the bath tub, because some idiot from walmart developed the pictures and sent them to the police. Tried to get them on child porn charges. Their kids got taken away briefly, all because they took some family play time bath pics. The thread was here in these forums. My beloved Marine Corps is even going soft. You cant take care of things the way they used to be taken care of. Mothers of America got their nose in our business. The list goes on and on.

But Im done talking about it. You wont change my mind, nor will I change yours. We're both free to raise kids how we choose as long as it doesnt break the laws.

 

[Perknose]

and that's fine for Texas and Pennsylvania...

but using a blanket statement "a slap is assault" .. which i was arguing... is INCORRECT.

Do0d, you're the one using WILDLY incorrect blanket statements. Do I need to remind you?

normally, an assault is intended to maim or injure the person.

well, moron, you LOSE, because the LAW disagrees with you

THE LAW you used (without telling us or leaving a link) was from Colorado, not Texas, and as Craig has subsequently shown you, you even got that one wrong.

Furthermore, from your own link I showed you that in Texas and Pennsylvania, you don't even have to so much as touch someone, let alone "maim or injure" them. Now, I went back and clicked on the first three states -- from your link -- other than Colorado:

Arizona:

A misdemeanor charge of assault can result from:
physically injuring another person,
intentionally placing another person in “reasonable apprehension of imminent physical injury”, or
touching another person with them intent to injure, insult or provoke.

California:

The definition of simple assault is an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another“.

You do not need to make any physical contact with another person, or cause any injury to be charged and convicted with simple assault.

Connecticut:

Not only can you face assault charges for getting in a fight, you can face charges for even putting someone in fear. Under Connecticut assault laws, you can face charges and even charges of aggravated assault without ever touching anyone.

Then, just to be as fair as possible, I skipped DC and went to the next two "Red" states:

Florida:

You may be facing this charge if you are accused of intentionally threatening someone (by word or action) with physical harm. Whether or not you follow through on the threat, it must be possible and put the victim in fear that it is about to happen.

Georgia:

The difference between assault and battery is simple. Assault is the threat of or attempted harm of another person whereas battery involves actual physical contact and potential harm.

You're wrong. Your statements were wrong. It happens. <shrug>

Just don't be like some posters and never admit it.

 

[sactoking]

Indeed, you can be charged w/assault for spitting on someone.

 

[Jaskalas]

Government property is 'hands off'. You'll pay for them (if you can), they'll raise them, OR ELSE! Your children do not belong to you if we let Judges like this have their way.

 

[jackstar7]

I subscribe to the Louis CK theory of spanking: you have a physically and emotionally weak being who trusts you implicity and they end up being the only people you're allowed to hit.

For the listen: http://www.youtube.com/watch?v=tQOmW2xRL7Q

 

[feralkid]

cuz.. sometimes to make your point, you need to punctuate it with a spanking.

if you walk into a table and stub your toe, you remember not to do it because of the pain.

if a kid destroys a room, they remember not to do it from a spanking.

Beat on the brat
Beat on the brat
Beat on the brat with a baseball bat
Oh yeah, oh yeah, uh-oh.

 

[bfdd]

Nothing wrong with a parent physically disciplining their child, but that is quite a bit different than beating a child. Spanking is ok in my book.

 

[1prophet]

Come on now, kids don't need any type of corporal punishment today, just reason with them and tell them to just stop their bad behavior, but there is always one.......

http://www.youtube.com/watch?v=3FzgvXdQ9vE

 

[guyver01]

Just don't be like some posters and never admit it.

hey.. i got balls big enough to admit when i'm wrong.

hasn't happened yet but when it does, i'll do it.




maybe i was wrong.

 

[Perknose]

hey.. i got balls big enough to admit when i'm wrong.

hasn't happened yet but when it does, i'll do it.

 

[Thump553]

I can't believe so many posters are buying this twisted Fox News story hook, line and sinker. Take a look at my earlier post (#11) and see if that doesn't raise some obvious and serious questions about the scope of the reporting here.

Anyone that knows anything about protective services knows a mother doesn't lose custody of three kids for anything less than very serious conduct. Fox News is trying to make hay out of this story by implying the judge threw the book at her and took away her kid for spanking her kid. Judge's don't give one sentence explanations when sentencing, I'd love to hear the parts Fox omitted.

 

[OutHouse]

I can't believe so many posters are buying this twisted Fox News story hook, line and sinker. Take a look at my earlier post (#11) and see if that doesn't raise some obvious and serious questions about the scope of the reporting here.

Anyone that knows anything about protective services knows a mother doesn't lose custody of three kids for anything less than very serious conduct. Fox News is trying to make hay out of this story by implying the judge threw the book at her and took away her kid for spanking her kid. Judge's don't give one sentence explanations when sentencing, I'd love to hear the parts Fox omitted.

ummm yea...
Parents sue Wal-Mart & Arizona after CPS takes children because of bathtub photos
http://abcnews.go.com/GMA/Weekend/p...dren-bath-time-photos/Story?id=8622696&page=1

Woman Charged with Possession of Child Pornography for Having Breastfeeding Photos
http://earthhopenetwork.net/forum/showthread.php?tid=2827

 

[Infohawk]

No, because that would be stupid. Which doesnt matter.

So you're 100&#37; sure that the grandmother didn't have a valid concern in taking the child to the hospital? Are you 100% sure that mothers never go overboard in corporal punishment?

It seems like people are really jumping to conclusions in this thread based on an article that is light on details...

 

[pcgeek11]

From your third link, here is the Pennsylvania law on assault.



And now, for the purposes of this thread discussion, here is the Texas law on the matter, THE ONLY ONE THAT MATTERS HERE, again from your own third link:

Wow. Under that law most parents in most states could be charged with assault. I threatened my kid all the time with an ass whipping if he didn't straighten up... I only spanked hime 2 or 3 times but the threats worked pretty well.

:O

Texas
Assault charges in Texas can range from a simple threat or argument, a fistfight or brawl, or a violent attack with a dangerous weapon.

Under Texas law, you can be charged with assault resulting from an incident with no physical contact.

Acts of Assault

An act of assault can be one of three things:

Intentionally, knowingly, or recklessly causing bodily injury to another person.
Intentionally or knowingly threatening someone with bodily injury.
Intentionally or knowingly causing physical contact in a manner considered offensive or provocative.

 

[Jimmah]

Amusing how a cop can taze a kid for being out of control, but a mom spanking her child gets the book thrown at her.

I smack my kid whenever he does something dangerous, like running at a lit fireplace. yes that smack hurt, just imagine how much more the fire would've. It's been done for thousands of years, it is effective and hard-wired into our brains, can't change it.

 

[PingviN]

Beating your kid must be the ultimate failure as a parent.

 

[rudder]

from the texas Attorney general's website:


"Texas law allows the use of force, but not deadly force, against a child by the child's parent, guardian, or other person who is acting in loco parentis. Most parents do, in fact, use corporal punishment (in the form of spanking) at least occasionally, and most do not, in fact, consider it abusive. Experts disagree about the advisability of ever spanking a child. Some say that, combined with other methods of discipline, mild spanking of a small child is harmless and effective. Others claim that other methods of discipline work as well as spanking or better, and that spanking is not necessary. Many child advocates and experts in child development contend that all forms of corporal punishment, including spanking, are harmful. Most believe that spanking an infant is always inappropriate. The law does not attempt to arbitrate between the different views on the best method of disciplining a child. What we do know is that severe corporal punishment can be extremely damaging and dangerous, and this is what the law prohibits as abuse."


What is the distinction between a spanking and child abuse? Texas allows spankings. I suppose we will never see the medical report to see what degree hurt the lady put on her kid. But if the judge sentenced her for simply spanking... I smell a lawsuit.

 

[SagaLore]

Her daughter's grandmother noticed red marks on the child's rear end and took her to the hospital to be checked out.

...

"You don't spank children today. In the old days, maybe we got spanked, but there was a different quarrel. You don't spank children. You understand?" the judge told Gonzales.

...

She is working with CPS to get them back, but until the state feels that she is ready, the kids will remain with their paternal grandmother.

1. If this were really about "the old days", then you'd think the grandma would understand and perhaps even appreciate the spanking.

2. The fact this was her mother-in-law says a lot. The article fails to mention the part where the grandma was just waiting for an opportunity to push the mom aside and take this kid.

 

[Vette73]

What is the distinction between a spanking and child abuse? Texas allows spankings. I suppose we will never see the medical report to see what degree hurt the lady put on her kid. But if the judge sentenced her for simply spanking... I smell a lawsuit.

Seeing that she also does not have custody of her other 3 children and she hit her kid hard enough to leave red marks that lasted long enough for others to see, I think the judge had the full file on her "motherly" abilities.

"does not have custody of her other three children."

I have a 2 year old boy who run, jumps, and falls all the time. He has never had a major injury/red mark last very long. Not long enough for someone to see and think abuse.

 

[Capt Caveman]

Don't see the problem. If she spanked the girl hard enough for the grandmother to be concerned enough to take her to the hospital and bad enough for the hospital to report it, the punishment sounds justifiable.

 

[ahenkel]

I used to get wooden spoon awards as a kid. Still can't believe my mom called them awards.

 

[Siddhartha]

A NY woman has been charged with murder for beating her 5 year old to death because he broke the TV.

http://news.yahoo.com/s/yblog_local...se-he-broke-the-tv-prosecutors?bouchon=501,ny

Just maybe sometimes children need protection from their parents.