Hitting Kids

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, and unless the punishment leaves lasting marks, it’s unlikely that anything will be done. Furthermore, acts that do not result in excessive force can be reported to Child Protective Services, but often not investigated because of the legal protection of these acts.

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

California protects children from being hit in schools, foster care, and group homes—but not in their own homes. 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. 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 or lasting marks. 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 protective 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 extreme 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 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.

Understanding the Impact of Corporal Punishment

• Nearly 70% of children in the United States have experienced some form of physical punishment by a parent or caregiver before the age of 18.¹

• According to 2022 data, approximately 39% of children experience corporal punishment—peaking at age three—and 7% experience physical abuse, with a peak at age six.⁷ This equates to 3.49 million children in 2022 in California.

• According to 2014 data, roughly 49% of U.S. children aged 0–9, and 23% of youth aged 10–17, experienced corporal punishment in the past year.²

• California lacks statewide data on corporal punishment in the home, but national research confirms it remains both common and socially accepted.³

• Children who experience corporal punishment are significantly more likely to develop aggressive behaviors, anxiety, and depression.⁴

• Physical punishment increases the likelihood of future violent behavior, reinforcing harmful intergenerational cycles.⁵

• Non-violent discipline methods have been shown to be more effective in encouraging positive behaviors and fostering healthy parent-child relationships.⁴

• The United Nations and over 60 countries recognize corporal punishment as a violation of children’s human rights and advocate for full legal bans.⁶

Sources

¹ Gershoff, E.T. (2002). Corporal punishment by parents and associated child behaviors and experiences: A meta-analytic and theoretical review. Psychological Bulletin, 128(4), 539–579.
² Lee, S.J., Altschul, I., & Gershoff, E.T. (2014). Corporal punishment and child behavioral and cognitive outcomes through 5 years of age: Evidence from a contemporary urban birth cohort study. Child Development, 85(3), 875–890.
³ Lee, S.J., Altschul, I., & Gershoff, E.T. (2014). Corporal punishment and child behavioral and cognitive outcomes through 5 years of age: Evidence from a contemporary urban birth cohort study. Child Development, 85(3), 875–890.
⁴ Gershoff, E.T., & Grogan-Kaylor, A. (2016). Spanking and child outcomes: Old controversies and new meta-analyses. Journal of Family Psychology, 30(4), 453–469.
⁵ Dodge, K.A., Pettit, G.S., & Bates, J.E. (1994). Socialization mediators of the relation between socioeconomic status and child conduct problems. Child Development, 65(2), 649–665.
⁶ United Nations Human Rights Office of the High Commissioner (2020). Corporal punishment of children worldwide. Retrieved from End Corporal Punishment.
⁷ Slep, A.M.S., Rhoades, K.A., Lorber, M.F., & Heyman, R.E. (2022). Glimpsing the Iceberg: Parent-Child Physical Aggression and Abuse.

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."

References

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.

Sam’s Story – “It Was Like Something Took Over Him”

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 Sam’s 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 wasn’t frequent, but it was intense. Sam described as “being as hard I wanted 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, even one that left emotional damage, 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.

Natalie’s Story – “My Dad Beat Me”

Natalie 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. Natalie 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, Natalie dreads going to her father’s house. She often gets a stomachache before the weekend visit. Her body knows what her words struggle to explain: this isn’t just parenting. It’s fear.