Is it constitutional for a legal guardian to spank or beat an individual who has reached the state's age of majority?

Asked 7 months ago - Fort Worth, TX

Age of Majority, Family Code,

Attorney answers (4)

  1. Dorothea Elaine Laster

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . The Constitution isn't involved. The age of majority in Texas is 18. It isn't legal--as in it is illegal under the criminal codes--to beat anyone over or under age 18, unless in self-defense. Spank is a harder question for children under 18. Reasonable discipline is permitted--but nothing that would be called a beating would be reasonable. We are in a change of public opinion. In my day, my parents used corporal punishment and so did the schools. Today what we would have called normal is considered abuse. You definitely should not be leaving any marks or you can expect CPS to be involved regarding a child under 18. If you "beat" an adult you could expect the police to become involved if charges are pressed.

    This does not establish an attorney/client relationship
  2. Maria Sara Lowry

    Contributor Level 20

    3

    Lawyers agree

    Answered . It's not a constitutional issue. It might be criminal assault/battery, depending on the facts and intensity.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Sherrie Haussner Travers

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with Ms. Laster's response. To add to it - the age of majority in Texas is 18. But 17 year olds may be criminally responsible for their actions. You mentioned both beating and spanking. You did not mention the provocation and you did not mention the 18 year old's response. If someone beats an 18 year old, call the police, especially if there was physical injury. If someone beats anyone under age 18, call the police and CPS.
    Hope this response has been helpful.
    Good luck!

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers &... more
  4. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . The constitution does not apply when a private individual spanks another.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,217 answers this week

2,916 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,217 answers this week

2,916 attorneys answering