This section of the California Child Abuse law punishes the act of imposing cruel physical punishment or physically injuring a child. Spanking is not considered Child Abuse unless it is unreasonable or excessive. Other sections of the law punish Child Endangerment and Sexual Abuse of a Child. Examples of Child Abuse as the result of imposing cruel physical punishment would be pushing, shaking, hitting, slapping, kicking or throwing an object at a child.
What does the prosecutor have to prove?
1. Defendant willfully inflicted cruel or inhuman corporal punishment or injury upon the body of a child.
2. The infliction of this punishment or injury resulted in a traumatic condition.
Misdemeanor: 0-364 days