Pennsylvania allows use of physical force by parents or guardians with special responsibility for the care or discipline of a child. The exceptions to use of force are codified in Section 509. There are a number of people who fall into these exceptions, namely:

1. Parents or a person responsible for the general care and supervision of a minor (as in, a babysitter)
2. Teachers
3. Guardians in the supervision of incapacitated, mentally ill, or mentally retarded people
4. Doctors or therapists rendering reasonable treatment
5. Wardens and prison correctional officers
6. Individuals responsible for the safety of an aircraft or vessel
7. Train operators or those responsible for maintaining "decorum" on a train

Two Major Considerations

There are generally two major considerations when determining whether use of force was justified under a discipline defense:

1. Whether the force was used for a purpose of discipline or promoting the welfare of child/individual or is otherwise necessary
2. Whether the force is reasonable under the circumstances

Therefore, as long as an accused parent reasonably used the alleged force to achieve the ends of discipline or promoting the welfare of the child, and the force used was reasonable under the circumstances, they will state a valid defense to any allegations of using physical force unlawfully.

Key Cases

Commonwealth v. Douglass – The Pennsylvania Superior Court determined that a 210 pound principle paddling a 7 year old a total of 60 times was excessive and unreasonable, despite the punishment being presumed to be part of a disciplinary action.

Commonwealth v. Bradley – A father was alleged to have deliberately broken his 6-year old child's arm by twisting it behind the child's back. The Superior Court determined that this "punishment" was extreme, excessive, ignored the high risks of injury, and therefore affirmed the conviction of aggravated assault.

Commonwealth v. Sebolka – The Superior Court affirmed a conviction for simple assault where the mother ordered another child to beat a smaller child, then laughed about it. The Court determined that the punishment was clearly designed to cause pain and mental distress as opposed to any disciplinary aim.

Long story short, parents are allowed to discipline their children as long as the punishment is not excessive or extreme and designed to instill discipline for the child's general welfare.