SEQ CHAPTER \h \r 1CR07-201 09/22/03

CORPORAL PUNISHMENT (raised as a defense to simple assault)

In considering whether (Def)_______________ is guilty of simple assault, you must consider whether [he] [she] acted within the legal limits of [his] [her] authority as a parent.  A parent has a legal right to use corporal punishment on a child within the parent’s custody, or parental authority, provided that the parent exercises [his] [her] authority within the legal limits.  A parent may use corporal punishment on a child subject to [his] [her] disciplinary control, if the punishment is motivated by a corrective purpose, and if it is not excessive or unreasonable.

So, for example, with respect to the charge of simple assault, you may find that (Def)_______________ caused bodily injury to [his] [her] child, but you must find [him] [her] not guilty if you determine that [he] [she] was legally using corporal punishment.  On the other hand, if you find that the State has proven all the essential elements of simple assault, and if you find beyond a reasonable doubt that the punishment was not used for a corrective purpose, or that it was excessive or unreasonable, then you must return a verdict of guilty.