Disciplining A Child
18 Pa.C.S. 509 — force to safeguard or promote the child's welfare, short of the listed harms
In Pennsylvania, the crimes code makes force by a parent, guardian or other person responsible for a minor's care justifiable, within limits, and the justification is a defense.
For the child's welfare. The force must be used to safeguard or promote the welfare of the minor, including preventing or punishing misconduct, and it must not be designed to cause, or known to create a substantial risk of causing, death, serious bodily injury, disfigurement, extreme pain, mental distress or gross degradation.
Someone acting for the parent. The same justification covers a person acting at the request of the parent, guardian or other responsible person.
Teachers. A teacher or other person entrusted with a minor for a special purpose may use force believed necessary to further that purpose, including maintaining reasonable discipline in a school or class, if consistent with the minor's welfare and no greater than a parent could justify.
| The assumption | What the law actually does |
|---|---|
| The assumptionAny physical discipline by a parent is a crime | What the law actually doesForce for the child's welfare is justifiable if it avoids the listed harms |
| The assumptionAnything short of an injury is allowed | What the law actually doesForce known to risk extreme pain, mental distress or gross degradation is outside the justification |
Child protective services investigations, school district policies and custody consequences are not all on this page. What a particular situation carries is a question for a licensed Pennsylvania attorney.
Sources for this section (1)
- 18 Pa.C.S. 509 — Use of force by persons with special responsibility for care, discipline or safety of others
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.