Child Discipline or Malicious Punishment of a Child?

Can I Physically Discipline my Children in Minnesota?

This depends. In Minnesota, it is lawful to spank your children so long as the spanking is reasonable under the circumstances. However, it is risky to use any physical force to discipline your children in Minnesota as it could be considered malicious punishment of a child—a serious crime—that can result in imprisonment and even losing the rights to parent your children. Call (651) 468-2108 to speak with the experienced attorneys at RAM Law PLLC before you discipline your children.

What is Malicious Punishment of a Child in Minnesota? 

In Minnesota, there is a fine line between disciplining your child and what is considered malicious punishment of a child. Pursuant to Minnesota Statute 609.377, malicious punishment of a child is when a parent, legal guardian, or caretaker who, by an intentional act or series of acts with respect to a child, evidences unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment of a child.

What are the Potential Criminal Consequences for a Conviction for Malicious Punishment of a Child?

If the punishment results in less than substantial bodily harm, the person may be sentenced to a gross misdemeanor and imprisonment for not more than one-year or to payment of a fine of not more than $3,000, or both.

If the punishment is to a child under the age of four and causes bodily harm to the head, eyes, neck, or otherwise causes multiple bruises to the body, the person may be sentenced to a felony and not more than five years or a fine of $10,000, or both.

If the punishment results in substantial bodily harm, the person may be sentenced to a felony and imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

If the punishment results in great bodily harm, the person may be sentenced to a felony and imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.  

What are the Potential Custody and Parenting Time Consequences for a Criminal Conviction?

According to Minnesota Statute 631.52, a person convicted of malicious punishment of a child in Minnesota that has court-ordered custody of a child or parenting time rights will have their criminal conviction referred to the appropriate family court and either grant temporary custody to the noncustodial parent, unless it finds that another custody arrangement is in the best interest of the child; or suspend parenting time rights, unless the court finds that parenting time with the convicted person is in the best interest of the child in an expedited process. The defendant has the burden of proving that continued custody or parenting time with the defendant is in the best interest of the child. However, if the victim of malicious punishment of a child was a family or household member as defined in Minnesota Statute 518B.01, Subd. 2, the standard of proof is by clear and convincing evidence. Furthermore, a guardian ad litem must be appointed.  

According to Minnesota Statute 518.179, other than law pursuant to Minnesota Statutes 518.17 or 518.175, if a person seeking custody of a child or parenting time has been convicted of malicious punishment of a child in Minnesota, the person seeking custody or parenting time has the burden to prove that the custody or parenting time by that person is in the best interest of the child if the conviction occurred within the preceding five years; the person is currently incarcerated, on probation, or under supervised release for malicious punishment of a child; or the victim of the crime was a family or household member as defined in Minnesota Statute 518B.01, Subd. 2.

What should I do if I am Accused of Malicious Punishment of a Child in Minnesota?

If you are accused of child abuse, child neglect, child endangerment, or malicious punishment of a child in Minnesota, you should speak with a lawyer that is experienced in child in need of protective services (CHIPS), family law, and criminal defense before you speak with a worker or investigator, as anything you say can be used against you. The attorneys at RAM Law PLLC have the required experience in CHIPS, family law, and criminal defense, to help you navigate your situation.

Contact The Attorneys at Ram Law PLLC for Experienced Criminal Defense

The criminal defense attorneys at RAM Law PLLC use aggressive strategies and tactics to beat a malicious punishment of a child cases in Minneapolis, St. Paul, Roseville, Edina, Vadnais Heights, White Bear Lake, Inver Grove Heights, Lake Elmo, Woodbury, Wayzata, Minnetonka, Maple Grove, Plymouth, Richfield, and Bloomington Minnesota.

Call (651) 468-2108 to discuss your case during a free consultation.