Is Spanking Illegal in Tampa? Understanding “Parental Privilege” and Florida Law

By The Brancato Law Firm, P.A. | Updated 2025

Disciplining a child is a fundamental right of parenting. However, in today’s climate, a simple act of discipline can quickly spiral into a criminal investigation. Opinions vary widely on what is acceptable. But in a courtroom, opinions do not matter. The law does.

If you are a parent, stepparent, or teacher in Tampa facing accusations of child abuse due to corporal punishment, you need to understand your primary legal defense: Parental Privilege.

I am Rocky Brancato. I spent years in an elite legal unit handling only child abuse, sex crimes, and homicide cases. Consequently, I know exactly where the State draws the line between lawful discipline and criminal abuse—and how to defend you when that line is blurred. Hiring the right Tampa Child Abuse Attorney can make all of the difference.

What is “Parental Privilege” in Florida?

Florida law recognizes an affirmative defense known as “Parental Privilege.” This legal doctrine allows parents and guardians to use reasonable, non-excessive corporal punishment to discipline a child.

Specifically, the Florida Supreme Court rooted this privilege in the case Raford v. State (2002). The Court affirmed that parents have the right to use corporal punishment (such as spanking) as long as the force is not excessive.

Who Does This Cover? (It is Broader Than You Think)

For example, a common misconception is that this right applies only to biological parents. In reality, under the concept of in loco parentis (standing in the place of a parent), this protection extends to:

• Stepparents
• Legal Guardians
• Teachers (Morris v. State, King v. State)

The Legal Line: Discipline vs. Abuse

Where does discipline end and abuse begin? Undoubtedly, this is the most critical question in any Hillsborough County investigation.

1. Lawful Corporal Punishment

Florida law permits “reasonable” corporal punishment. Generally, this includes typical spanking that does not cause lasting harm, permanent injury, or mental trauma.

2. The “Significant Bruising” Gray Area

Here is where inexperienced attorneys fail. Police often arrest parents simply because a spanking left a bruise or a welt. However, significant bruising does not automatically equal Felony Child Abuse.

Under State v. McDonald, if the punishment results in bruising or welts but does not cause permanent disability or disfigurement, the State may reduce the charge to “Contributing to the Dependency of a Child” (a first-degree misdemeanor) rather than a felony.

3. Felony Child Abuse

Conversely, for a charge of Felony Child Abuse to stick, the State usually must prove the act resulted in severe, permanent injury or disfigurement.

Key Case Law: How We Defend You

We do not just argue “it was discipline.” Instead, we cite the specific precedents that protect your rights.

Advice for Teachers and Stepparents

Many teachers in Tampa believe they have zero protection regarding physical contact or discipline. This is false.

Florida courts have consistently ruled (see Morris and Lanier) that the Parental Privilege extends to teachers. Therefore, if you are an educator facing a career-ending accusation because you physically intervened or disciplined a student, do not resign and do not speak to investigators until you have legal counsel.

Frequently Asked Questions (FAQ)

Q: Is spanking legally considered child abuse in Florida?

A: No. Under the Raford v. State ruling, spanking is legal in Florida as long as it is “reasonable” and “non-excessive.” It only becomes abuse if it causes significant physical or mental injury.

Q: Can a teacher legally use corporal punishment in Florida?

A: Yes, under certain circumstances. Florida courts have ruled (see Morris v. State) that teachers generally have “parental privilege” regarding discipline. However, school board policies often ban it, which can lead to firing—but violating a school policy is not the same as committing a crime.

Q: What if the discipline leaves a bruise?

A: This is a dangerous area. While case law (King v. State) suggests that bruising alone does not constitute Felony Child Abuse, police often arrest parents for it anyway. Consequently, it can lead to a misdemeanor charge of “Contributing to the Dependency of a Child.”

Q: Does this defense apply to step-parents?

A: Yes. Step-parents, legal guardians, and family members acting as caregivers are covered under the doctrine of in loco parentis (standing in the place of a parent).

Protecting Your Rights in Hillsborough County

The use of corporal punishment remains a complex legal minefield. Although the law allows it, the Department of Children and Families (DCF) and local law enforcement often take a “shoot first, ask questions later” approach.

Therefore, if a detective or a Child Protective Investigator (CPI) contacts you, stop.

1. Do not try to explain “why” you disciplined the child.
2. Do not sign any safety plans without legal advice.
3. Call The Brancato Law Firm immediately.

Don’t Face DCF or the Police Alone

At The Brancato Law Firm, P.A., we understand the delicate balance between parental rights and child welfare laws.

Rocky Brancato has over 25 years of legal experience, with a background in a specialized unit handling exclusively child abuse and sex crime allegations. He knows how to use the “Parental Privilege” defense to protect your family and your freedom.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205

Tampa, FL 33602

Call (813) 727-7159 Now for a Confidential Strategy Session.