Spanking could result in life sentence if MS bill passes

by Joel McDurmon on Jan 25, 2012

As with so many bills, the devil is in the details of the legal language for this one. Despite the deceptive appearance of good intentions and even safeguards, this bill opens doors for leftist activists to exploit and oppress traditional family values. HSLDA reports,

If Senate Bill 2180 passes the Mississippi Legislature, a parent would be in jeopardy of receiving a life sentence in prison for spanking a child. Sponsored by Senator Brice Wiggins (District 52-Jackson), this legislation would make it a felony to “whip, strike or otherwise abuse any child,” thereby causing “bodily harm” to the child. “Reasonable discipline” would be an exception to this offense. The minimum penalty upon conviction of this crime would be 10 years in prison. The maximum penalty would be life in prison.

Unfortunately, the terms “bodily harm” and “reasonable discipline” are not defined in the law, so it would be up to judges to determine whether parents had crossed the line and committed a crime worthy of imprisonment. Would bodily harm include inflicting pain or leaving red marks or bruises on a child? Is it reasonable discipline to use a switch, a paddle, or other object in spanking a child? Obviously there are differing opinions on this subject, and because of this, any child abuse legislation must precisely define terms to ensure that parents maintain the right to administer reasonable corporal discipline without fear of being imprisoned.

Home School Legal Defense Association will continue to track the progress of SB 2180 and work with the homeschoolers of Mississippi to bring about a defeat of this dangerous bill.

This would greatly broaden the courts’ power to define abuse on its own, as opposed to current Mississippi law which requires the much stricter standard of a physician determining physical injury: “Physical discipline (not to include any form of sexual abuse) performed on a child by a parent, guardian or custodian shall only be deemed to be abuse under this paragraph when a licensed physician has determined that physical injury has occurred. § 97-5-39(2(m)). [Criminal Code],” according to kidjacked.com.