Disciplining A Child
Penal Law § 35.10 — physical force, not deadly force, to maintain discipline
In New York, a parent, guardian or other person entrusted with the care and supervision of a person under the age of twenty-one may use physical force, but not deadly physical force, when and to the extent they reasonably believe it necessary to maintain discipline or to promote the person's welfare. Force within that is justifiable and not criminal.
Two limits in one sentence. The force may not be deadly physical force, and it may go only as far as the person reasonably believes necessary to maintain discipline or promote welfare.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe justification ends at eighteen | What the law actually doesIt covers a person under the age of twenty-one |
| The assumptionAny force a parent chooses is justified | What the law actually doesOnly what is reasonably believed necessary, and never deadly physical force |
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 New York attorney reads a specific situation.
Sources for this section (1)
- Penal Law § 35.10 — Justification; use of physical force generally
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.