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The Line Between Spanking and Abuse The line between spanking and abuse is not always a clear one, and state prosecutors and judges generally decide on a case-by-case basis whether discipline crosses the line. An attorney can tell you what to expect in court, based on the charges, the law in your state, and the local judge and prosecutor. In some states, the information on this website may be considered a lawyer referral service. For more information, see Criminal Consequences of Spanking in Schools. If you are charged with a crime as a result of spanking your child, you should talk to a local criminal defense attorney.

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While all states currently permit spanking at home, some states have outlawed spanking is schools and daycares, and most states discourage or outlaw spanking in foster homes and institutions for children.

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A conviction for assault, battery, or child abuse can have serious consequences. The Line Between Spanking and Abuse The line between spanking and abuse is not always a clear one, and state prosecutors and judges generally decide on a case-by-case basis whether discipline crosses the line. Depending on the circumstances, a conviction can result in time in prison or jail, a fine, probation, and counseling.

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