Massachusetts law lets a parent, stepparent, or guardian use reasonable force to discipline a minor child in their care. The force must be reasonable and reasonably related to a legitimate purpose. When the evidence raises this parental discipline defense, the Commonwealth has to disprove it beyond a reasonable doubt. The defense comes from Commonwealth v. Dorvil, 472 Mass. 1 (2015), and District Court Instruction 9.250 (June 2016). It is a separate defense from self-defense and from lack of criminal responsibility.
At a Glance: Parental Discipline Defense
Who can raise it
a parent, stepparent, or guardian
Who it covers
a minor child under 18 in their care
What must be disproved
any one of three things listed below
Burden
on the Commonwealth, beyond a reasonable doubt
The law: District Court Instruction 9.250 (June 2016); Commonwealth v. Dorvil, 472 Mass. 1 (2015)
When the Defense Applies
The defense comes into play when there is evidence of two things:
The defendant was the parent, stepparent, or guardian of the alleged victim.
The alleged victim was under 18.
What the Commonwealth Must Prove
Once the defense is raised, the Commonwealth bears the additional burden of proving beyond a reasonable doubt at least one of these three things:
The force used was unreasonable.
The force used was not reasonably related to safeguarding or promoting the welfare of the child.
The force used caused, or created a substantial risk of causing, physical harm, gross degradation, or severe mental distress.
If the Commonwealth cannot prove any of the three, the defense applies.
What Makes Force Reasonable
In judging whether the force was reasonable and related to the child's welfare, the jury may consider evidence of:
the child's age;
the child's physical and mental condition;
the nature of the child's alleged misconduct;
the child's ability to understand or appreciate the correction;
any other evidence the jury believes relevant.
When Force Is Too Extreme
In deciding whether the force, or the risk of injury it created, was so extreme as to be inherently impermissible, the jury may consider:
the child's age;
the child's physical and mental condition;
any physical or mental injury the discipline caused;
any other evidence the jury believes relevant.
Under Instruction 9.250, an injury limited to fleeting pain, or marks that are only temporary, is not so extreme as to be inherently impermissible.
Stepparents
Under Instruction 9.250, a stepparent is a person who is part of a stable family unit and serves as mother or father and co-parent. The person must have assumed all the duties and obligations of a parent toward the child. Under the instruction's notes, a stepparent who stands in loco parentis ("in the place of a parent") may raise the defense, and the defendant bears the burden of proving that status.
The factors that may be considered include:
the nature and length of the defendant's relationship with the child's biological parent or legal guardian;
how actively a biological parent remains involved in raising the child;
whether the child lives with the defendant;
the extent and nature of the defendant's role in raising the child;
whether the defendant contributes financially to the household;
whether the other parent or the child sees the defendant as a co-parent;
whether there is a formal or implicit understanding between the defendant and a parent about the defendant's role in raising the child.
When someone who is not a biological or adoptive parent raises the defense, the judge may first decide whether there is enough evidence for the issue to go to the jury.
Why a Lawyer Matters
Whether the defense is raised, and how the evidence about the child and the discipline is presented, can decide the case. I have defended criminal cases for 23 years. If you have been charged with assault and battery on your child, call 781-393-5900.
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
