In Massachusetts a parent may “use reasonable force against a minor child under [his] care if it is reasonable and reasonably related to a legitimate purpose.” See Model Jury Instruction 9.250.
When a parent physically disciplines his child, it could rise to the level of assault and battery if the force used
- was unreasonable;
- was not reasonably related to safeguarding or promoting the child’s welfare; or
- caused or created a substantial risk of physical harm, gross degradation, or severe mental distress.
Whenever the “parental discipline” defense is asserted, the jurors may also consider the child’s age, his alleged misconduct, and his ability to appreciate right from wrong.
Severe injures to the child are, of course, “inherently impermissible,” But punishment that leaves only fleeting pain or temporary marks may be defensible.
The parental discipline defense may be available to a step parent who has assumed the role of the child’s mother or father.
Defendants wishing to assert the parental discipline defense must notify the court and the prosecutor prior to trial (typically at the pretrial conference) per Rule 14(b)(3) of the Massachusetts Rules of Criminal Procedure.