Disciplining A Child
Wis. Stat. 939.45 — only the force a reasonable person believes necessary
In Wisconsin, reasonable discipline of a child by a person responsible for the child's welfare is a privilege, a defense to prosecution for conduct that would otherwise be a crime.
Only what a reasonable person believes necessary. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force intended to cause great bodily harm or death, or that creates an unreasonable risk of great bodily harm or death.
Who holds the privilege. A person responsible for the child's welfare includes a parent, stepparent or guardian, an employee of a residential home, institution or agency where the child lives or that serves the child, and anyone else legally responsible for the child in a residential setting.
Where it becomes physical abuse. Intentionally causing bodily harm to a child is a Class H felony, and great bodily harm a Class C felony. Recklessly causing bodily harm is a Class I felony. A person responsible for the child's welfare who knows another is harming the child, and fails to act when able to, can also commit a felony.
| The assumption | What the law actually does |
|---|---|
| The assumptionAny physical discipline by a parent is a crime | What the law actually doesReasonable discipline is a privilege, limited to the force a reasonable person believes necessary |
| The assumptionA parent who did not strike the child cannot be charged | What the law actually doesFailing to act to prevent bodily harm by another, when able to, is a felony for a person responsible for the child's welfare |
Child protective services, school discipline and custody consequences are not all on this page. What a particular situation carries is a question for a licensed Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 939.45 — Privilege
- Wis. Stat. 948.03 — Physical abuse 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 Wisconsin attorney.