State v. Lawrence

Because I disagree that a parent is immune from prosecution for unreasonably confining his or her child, I dissent.

I do not dispute a parent or guardian’s right to apply appropriate force on a child in order to maintain discipline and control. This right is not absolute, however, but rather is limited by a standard of reasonableness. The rule of absolute immunity from prosecution for parents who use excessive force on their children was rejected in State v. Hunt, 2 Ariz.App. 6, 406 P.2d 208 (1965), in the context of a charge of assault and battery of a young daughter. The court stated,

The…