Reasonable and moderate physical discipline excepted; unreasonable acts

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  • Nothing in this chapter shall be interpreted to prevent a parent, guardian, or person acting at the direction of a child's parent or guardian, from using reasonable and moderate physical discipline to correct, restrain or discipline a child. The following actions are examples of unreasonable conduct when used by any person to correct, restrain or discipline a child:
    • (1) throwing, kicking, burning, or cutting a child;

    • (2) striking a child with a closed fist;

    • (3) willful and violent shaking of a child in such a way as to cause physical injury to the child;

    • (4) interfering with a child's breathing;

    • (5) threatening a child with a deadly weapon; or

    • (6) doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks.

      The age, size, and condition of the child and the location of the injury shall be considered when determining whether the physical discipline is reasonable and moderate. The list of unreasonable actions is illustrative and is not intended to be exclusive.


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