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Disciplining A Child

Penal Code 273d — cruel or inhuman corporal punishment is a felony

In California, the statute draws the line from the other side: anyone who willfully inflicts on a child any cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition, is guilty of a felony.

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The penalty. Imprisonment for two, four or six years, or in a county jail for not more than one year, a fine of up to six thousand dollars ($6,000), or both. If probation is granted, the minimum period of probation is 36 months.

The assumptionWhat the law actually does
The assumptionAny spanking is a crime in CaliforniaWhat the law actually doesThe section reaches cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition
The assumptionA conviction means a fine at mostWhat the law actually doesA felony, with two, four or six years, or up to a year in county jail

Whether particular discipline crossed the line is decided on the facts of the case, and what happens when child protective services opens an investigation is a separate question. A licensed California attorney reads a specific situation.

Sources for this section (1)
  1. Penal Code 273d — Cruel or inhuman corporal punishment or injury of a child

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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