Hitting Kids

This is a call to ban

and all corporal punishment in California


Corporal punishment affects 3+ million kids in California. Hitting kids is legal in the home and in private schools. It is banned in public schools.

Scientific research shows that corporal punishment harms a child's physical and mental well-being—undermining the future health, safety, and success of our state.

Join us in taking a stand to ban corporal punishment in California.

The Problem

Corporal punishment—any form of discipline that uses physical force intended to cause pain or discomfort—is legal in the home in California and all 50 U.S. states.

According to 2022 data, approximately 39% of children experience corporal punishment—more than 3 million California children.

Why is this a problem?

  • What the Law Says in California

    In California, it is still legal for parents and guardians to hit their children—as long as the force used is considered "reasonable" and not excessive.

    Under Penal Code §273d, it is a crime to inflict injury on a child, but there’s a legal exception for “reasonable discipline.” This means that physical punishment—like spanking or slapping—is not automatically considered abuse unless it causes significant injury or is judged to be excessive by a court.

    The law states: “Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition, is guilty.”

    Unfortunately, this creates a legal gray area. Children can be hit, with no consequences unless the hit meets certain criteria , such as physical marks, or there is a documented pattern of hitting. Acts that do not result in what is deemed “excessive force” can be reported to Child and Family Services, but not investigated. Hitting a child is legally protected in many cases.

    Research shows that any form of physical punishment can harm a child's development, mental health, and sense of safety.

    California law does protects children from being hit in public schools, foster care, and group homes—but not in their own homes or in private schools. Yes, there is no law clearly banning the corporal punishment of children in private schools or in the home in California. That’s the gap we want to close.

  • The Gap: Where Children Are Left Unprotected

    While California has strong laws protecting adults from assault, children do not have the same level of protection from physical harm in their own homes or in private schools.

    Adults are protected from being hit or slapped because such actions are considered assault—an intentional act that causes someone to fear or experience harmful or offensive contact.

    However, when it comes to children, the law allows parents or caregivers to use physical punishment, such as spanking or slapping, as long as it is deemed “reasonable” and does not cause visible injury, marks or is part of an ongoing pattern. This means children can be physically disciplined without legal consequences, even though the same actions would be illegal if done to an adult.

    California’s child welfare system follows the Structured Decision Making (SDM®) Policy and Procedures Manual, which guides how Child and Family Services assess physical discipline cases. It stresses evaluating the severity of discipline, along with the child’s age, prior history of abuse and domestic violence, but it does not explicitly prohibit corporal punishment. This means that spanking, slapping, kicking, pinching, hair pulling and any other act that is not considered “excessive” may not be investigated.

    For physical abuse, here is a list of acts that will result in an investigation. Other acts, as previously mentioned, will not report in an investigation unless there are other issues present, a history of hitting, or the child is less than two years old.

    Examples include but are not limited to:

    • Hitting with closed fist;

    • Hitting child’s head, back, or abdomen with substantial force;

    • Choking, kicking, or hitting with belt buckle or other dangerous object;

    • Using restraints;

    • Poisoning; or

    • Other actions that could reasonably result in severe injury, such as:

    • Dangling the child from heights;

    • Exposing the child to dangerous temperature extremes; or

    • Throwing objects at the child that could cause severe injury.

    • Allegation of physical injury to non-mobile child or any child under age 2 (or capability equivalent).

    As a result, physical punishment—such as harsh spanking or slapping with an open palm to the face—that leaves no visible marks, is often considered acceptable discipline. This legal ambiguity leaves many children vulnerable to harm without the protection they deserve.

  • What Research Tells Us

    A growing body of scientific research makes one thing clear: corporal punishment harms children—not just in the moment, but across a lifetime.

    1. It changes how the brain develops.

    Neuroscience shows that physical punishment—even without visible injuries—can alter the structure and function of a child’s developing brain. Studies using MRI scans reveal that spanking is associated with changes in the prefrontal cortex, a region responsible for emotional regulation, impulse control, and empathy.¹

    2. It increases risk for mental health issues.

    Children who are physically punished are more likely to develop depression, anxiety, and PTSD. Even infrequent physical discipline can cause toxic stress, which dysregulates a child’s stress response system. The American Academy of Pediatrics warns against any use of corporal punishment due to its harmful psychological effects.²

    3. It raises a child’s ACE score.

    Corporal punishment contributes to a higher Adverse Childhood Experiences (ACE) score—a measure that reflects early traumatic experiences. Higher ACE scores are directly linked to increased risk of chronic health conditions, including heart disease, diabetes, and substance abuse. Experiencing violence in the home—even when culturally normalized—can shape long-term physical and mental health outcomes.³

    4. It doesn’t work better than other methods.

    Extensive research shows that non-violent discipline strategies, such as modeling, redirection, and natural consequences, are far more effective for long-term behavior change. Corporal punishment may temporarily stop a behavior but erodes trust and doesn't teach the child why that behavior was wrong.⁴

    5. It increases aggression in children.

    Children who are hit are more likely to become aggressive themselves. Physical punishment teaches that force is a way to solve problems, which contributes to higher levels of aggression and defiance, especially over time.⁵

    6. It’s not separate from abuse—it’s on the same continuum.

    Corporal punishment and physical abuse are not as different as many believe. Studies show that many cases of abuse begin as attempts to discipline. The risk of escalation is real—and legal definitions often lag behind what we know scientifically.⁶ As Dr. Amy Slep notes, corporal punishment is often "just the visible tip of a much larger iceberg."

    Sources

    ¹ Cuartas, J., et al. (2021). Associations Between Spanking and Brain Response to Threat in Children. Child Development, 92(2), e360–e375.

    ² American Academy of Pediatrics. (2018). Effective Discipline to Raise Healthy Children. Pediatrics, 142(6), e20183112.

    ³ Felitti, V.J., Anda, R.F., et al. (1998). Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The ACE Study. American Journal of Preventive Medicine, 14(4), 245–258.

    ⁴ Gershoff, E.T., & Grogan-Kaylor, A. (2016). Spanking and Child Outcomes. Journal of Family Psychology, 30(4), 453–469.

    ⁵ Gershoff, E.T. (2002). Corporal punishment by parents and associated child behaviors. Psychological Bulletin, 128(4), 539–579.

    ⁶ Slep, A.M.S., et al. (2022). Glimpsing the Iceberg: Parent-Child Physical Aggression and Abuse. Child Maltreatment.

Legally protecting children from physical punishment [is] a position that is not popular and, to a great degree, invisible.
— David A. Cooper, The Holocaust Lessons on Compassionate Parenting and Child Corporal Punishment

The Stories -

You don’t want to hear

  • “It Was Like He Was Possessed”

    Sam was nine years old and dreading Thanksgiving. At the last holiday gathering, he and a cousin had clashed, and he was left holding a grudge. But the moment he arrived, that same cousin made a rude comment—and Sam snapped. He threw a punch. The boys ended up in a fight that left everyone shaken.

    Later, the cousin’s father called Sam’s mom, who couldn’t attend the event.

    “It was like steam was coming out of his head,” he said. “He had so much anger. I’ve never seen anything like it—it was like he was possessed.”

    Sam’s mom couldn’t make sense of it. Her son wasn’t violent. Why did he explode?

    Four days later, the truth came out: the day before Thanksgiving, Sam’s father had slapped him—hard. It was intense. Sam described the slap as “so hard it made me want to cry.”

    Sam’s mom could now understand. Sam, not knowing where to put the pain and anger from the slap the day before, had done what many children do: he turned it outward onto his cousin.

    Hoping to protect her son, Sam’s mother called Child Protective Services. But she was told a slap, with an open hand, wasn’t enough to warrant an investigation.

    Sam’s pain was real. But the system said it wasn’t serious. And, like much of the research says, it results in more violent behavior.

    Sources

    Confidential but we assure you, it’s a real California story.

  • “My Dad Beat Me”

    Cassandra is in seventh grade. She’s a quiet, thoughtful girl who sometimes needs extra time to process things. Her parents are divorced, and she splits time between their homes. She sees a therapist regularly—a place where she feels safe expressing herself.

    One session, after her therapist asked how she was, she responded:

    “My dad beat me.”

    Her therapist, startled, asked what she meant. Cassandra explained: she had brought home a disappointing report card, and her father responded by spanking her—angrily, repeatedly.

    The therapist reported it to Child Protective Services. But the case didn’t go anywhere.

    There were no bruises. No visible marks. And in California, that meant no investigation.

    Even though the physical punishment had become a pattern, the law still viewed it as discipline—not harm.

    Now, Cassandra feels anxious when going to her father’s house. Her body knows what her words struggle to explain: this isn’t just parenting. It’s fear.

    Sources

    Confidential but we assure you, it’s a real California story.

  • A seven-year old girl was interviewed as part of a 1998 study in the United Kingdom. It is written that she said, "It kind of feels horrid, it just feels horrid, you know, and it really hurts.

    It stings you and makes you feel horrible inside ... I think it makes you feel ashamed inside. It feels ... as though you want to run away because they're sort of like being mean to you and it hurts …"

    Source

    The Global Movement to End All Corporal Punishment, Joan Durant

It’s time for change.

Have a story to share? Email info@banhittingkids.com.

The Solution

The solution is to ban all forms of physical discipline against children, including in the home and private schools. In California it is currently outlawed in public schools.

Countries Sweden, Japan, and Colombia have already taken this important step to protect children from all forms of corporal punishment. California can, too.

Where do we start?

  • California’s Evolving Stance on Corporal Punishment

    For much of its history, California, like many states, permitted corporal punishment in both homes and schools. Over time, growing awareness of the harms associated with physical discipline has led to meaningful legal and cultural shifts aimed at protecting children.

    1986: Banning Corporal Punishment in Public Schools

    In 1986, California took a pivotal step by banning corporal punishment in public schools. The legislation was championed by activist Jordan Riak, who worked with Assemblyman Sam Farr to draft and promote the bill. With its passage, California became the ninth state to prohibit physical discipline in public education. This landmark decision recognized that hitting children—even in the name of discipline—undermines both learning and emotional development.
    Source: Wikipedia Joran Riak

    2007: Proposed Ban on Spanking Young Children

    In 2007, Assemblywoman Sally Lieber introduced a bill to ban the spanking of children under four. The proposal sparked national headlines and intense debate about the role of government in parenting. Though the bill ultimately failed, it opened the door to public conversations about the emotional and developmental impact of physical punishment.
    Source: National Youth Rights Association

    2018: American Academy of Pediatrics Urges an End to Physical Punishment

    In November 2018, the American Academy of Pediatrics (AAP) issued a bold and evidence-based policy statement: urging parents, caregivers, and policymakers to eliminate all forms of physical and verbal punishment. The AAP called for education around positive and effective parenting strategies, emphasizing that spanking and verbal humiliation not only fail to improve behavior but increase the risk of mental health problems, aggression, and strained relationships.
    Source: American Academy of Pediatrics

    2019: California Democratic Party Endorses Ban on Spanking

    In 2019, the California Democratic Party passed a resolution calling for a ban on spanking. Introduced by psychologist Dr. Amy Bacharach, the resolution acknowledged the science behind trauma-informed care and the need for legislative alignment. Though it did not lead to direct legal change, the resolution reflected a growing understanding that hitting children—even lightly—can have lasting consequences.
    Source: Resolution 19-05.112—Ending Physical/Corporal Punishment of Children

    2023: Updated AAP Policy and Focus on Disparities

    In August 2023, the AAP published an updated policy statement highlighting key disparities among Black children and children with disabilities, emphasizing how corporal punishment disproportionately harms these groups. The statement called for a concerted national effort to abolish corporal punishment in all schools to promote equity and child well-being.
    Source:AAP 2023 Policy Update

    2023: Bipartisan Congressional Bill to End Violence Against Children

    In July 2023, a bipartisan bill (HR 4798) was introduced in the U.S. Congress to support global efforts to end violence against children, including corporal punishment. The legislation seeks to align U.S. policy with international child protection standards and promote non-violent parenting worldwide.
    Source: HR 4798 Congressional Bill, 2023

    Present Day: Legal but Contested

    Today in California, corporal punishment is banned in public schools, licensed childcare settings, and foster homes. But in private homes, parents are still allowed to hit their children, as long as the act is deemed “reasonable” and doesn’t result in a traumatic condition or visible injury. This gap leaves many children vulnerable to repeated physical punishment without recourse or protection.
    Source: Shouse California Law Group

    Still Behind the Curve

    California has made progress—but it stops at the front door. Despite school bans, party resolutions, and decades of research, children remain the only group of people in California who can legally be struck by someone entrusted with their care. The law distinguishes between abuse and discipline—but for a child, both can feel the same.

  • It Can Be Done

    Outlawing corporal punishment is not just an ideal—it is entirely possible.

    Around the world, many countries have taken the decisive step to protect children fully by banning all corporal punishment, in every setting, including the home.

    Since 1979, a growing number of nations have enacted laws to end corporal punishment, including Sweden, Finland, Norway, and many others.

    Today, more than 60 countries—from Europe to Africa, Asia to the Americas—have recognized the rights of children to live free from physical punishment.

    In many of these countries, the first step was to outlaw corporal punishment without attaching penalties. This allowed time to focus on public education, helping parents understand the harm caused by hitting and encouraging positive, non-violent ways of raising children. Once the law was in place and awareness grew, the culture began to change.

    Some key milestones include:

    • Sweden — the first country to ban corporal punishment in 1979

    • New Zealand, Spain, and Portugal — among many countries banning it by 2007

    • France, South Africa, and South Korea — recent adopters affirming the global movement toward non-violent childhoods

    This global trend demonstrates clearly that it is both achievable and necessary to outlaw corporal punishment.

    California can follow this proven path and join the growing community of nations prioritizing the safety, dignity, and well-being of children.

  • How We Can Eliminate Corporal Punishment in California

    California has already made important progress by banning corporal punishment in public schools, daycare centers, and foster care. But to fully protect children, we need to keep moving forward—together.

    A natural next step would be extending the ban to private schools. Michigan introduced a bill like this in 2025, Bill H.625, showing it’s possible.

    Ending corporal punishment in the home will take more time and perseverance. Many countries began by passing laws that clearly state hitting is not acceptable, but without penalties at first. This gives space to educate parents about the harm caused by spanking and to share positive, non-violent ways of guiding children.

    Change is possible—and it starts with us.

    Will you be part of the change? Please get involved today by emailing info@banhittingkids.com.

Corporal punishment is the most common form of violence against children worldwide. [It] violates children’s right to respect for their physical integrity, and ... their right to equal protection.
— End Corporal Punishment, hosted by the World Health Organization

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