What is Unlawful Corporal Punishment?

(California Penal Code:11165.4)

Willfully inflict any cruel or inhuman corporal punishment or injury resulting in a traumatic condition upon a minor. Corporal punishment is not in and of itself child abuse; it is if it causes internal or external injuries.

(Unintentional injuries occur more often when the parent is out of control or uses any object (i.e. switch, belt, spoon)  to administer the punishment.

Corporal punishment is reportable to Child Protective Services when:

  • It causes external and/or internal injuries to the child (i.e., a mark lasting more than two hours after the child is hit), OR could reasonably have been expected to cause internal/external injury. 
  • The parent or caretaker uses harsh disciplinary measures (cruel/unusual punishments) or impulsively uses “out of control” discipline (screaming profanity or humiliating language at child while repeatedly hitting with significant force or “venting” frustration on child).

Research  supports the  long-term negative effects of physical discipline, which can stunt a child’s normal development. 

The Child Abuse Prevention Center does not promote corporal punishment as a form of child discipline because we adhere to positive discipline strategies. For positive parenting tips, click here.

  • Positive parenting classes can be found at Birth & Beyond Community Response (family resource center) sites.  Click here to find a family resource center near you,.
  • For more information, call our Child Abuse Information & Referral Line at (916) 244-1906.