It depends on the case, but any punishment that causes the child to experience or risk unjustifiable pain, physical harm, or mental trauma, may be prosecuted as child abuse in Nevada.
1. What forms of child discipline are acceptable in Nevada?
Traditional corporal punishments are typically legal in Nevada. Examples include:
- spanking,
- a smack, and
- sending a child to his/her room without supper.1
But hitting the child to the point of injury crosses the line into abuse. And depriving the child of food for more than a couple of meals in a row could also qualify as abuse.2
2. Is child abuse in Nevada a misdemeanor or a felony?
Prosecutors in Nevada can charge child abuse as either a gross misdemeanor or a felony depending on the following factors:
- whether the abuse was willful,
- whether substantial harm occurred,
- whether the abuse was sexual,
- the child’s age, and
- whether the accused is a repeat offender.
3. Can a defendant raise a legal defense?
Yes. There are various legal defenses to the Nevada crime of child abuse. The most common ones include:
- the child made up the abuse allegations,
- the parent was acting in self-defense, or
- the child was injured in an accident.
Note that it is not a defense to child abuse allegations that the parent never intended to harm the child. If a parent knowingly commits an act to punish the child and the child sustains an injury, it does not matter that the parent never meant for the child to get hurt.
Read more information on the Nevada crime of child abuse.
Legal References:
- NRS 432B.150.
- Nevada’s child abuse law is set forth in NRS 200.508. See also Levi v. State (1979) 95 Nev. 746.
