Spanking = Felony

[clevelandkid]

This woman must have had the worst lawyer ever, to plea bargain a felony for spanking her child. This is ridiculous.
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http://www.cbn.com/cbnnews/us/2011/J...for-Spanking-/

CORPUS CHRISTI, Texas (CBS) -- A judge in Corpus Christi, Texas had some harsh words for a mother charged with spanking her own child before sentencing her to probation.

"You don't spank children today," said Judge Jose Longoria. "In the old days, maybe we got spanked, but there was a different quarrel. You don't spank children."

Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a "pretty simple, straightforward spanking case." They noted she didn't use a belt or leave any bruises, just some red marks.

As part of the plea deal, Gonzales will serve five years probation, during which time she'll have to take parenting classes, follow CPS guidelines, and make a $50 payment to the Children's Advocacy Center.

She was arrested back in December after the child's paternal grandmother noticed red marks on the child's rear end. The grandmother took the girl, who was two years-old at the time, to the hospital to be checked out.

Gonzales who doesn't have custody of the child or her other two children, is trying to get them back, but until CPS feels she is ready the kids are living with their paternal grandmother

[Stunter Bob]

And this is why the world is going downhill.

Kids need their ass whooped or else they turn into the judges that pass shit like this.

[ceyko]

Wow, I'm in big trouble.

[ELVIS]

you cant do that in corpus. that explains why big matt is the way he is!

god bless.

[lowthreeohz]

Judge Longoria needs to be visited with a belt. what a fucking retread.

[mstng86]

"You don't spank children today," said Judge Jose Longoria. "In the old days, maybe we got spanked, but there was a different quarrel. You don't spank children."

Please explain to me how a child behaving badly in 1955 is any different than a child behaving badly in 2011.

She was arrested back in December after the child's paternal grandmother noticed red marks on the child's rear end. The grandmother took the girl, who was two years-old at the time, to the hospital to be checked out.

Grandmother is an idiot and should be spanked.

[Grimpala]

Judge Longoria needs to be visited with a belt. what a fucking retread

There's a blown tire joke in here somewhere, I just can't put it together.

If spanking your kid for acting up is wrong, I don't want to be right.

[mustangguy289]

sad.

[Sean88gt]

I bust my kids' ass. They need it, it provides structure and reassurance that kids need and far too many parents fail to provide.

[Wicked98Snake]

OMG if I get caught I'll get life!

[Osiris]

THIS IS BULLSHIT!!!


This case needs to be appealed

Texas Code of Criminal Procedure says:
Sec. 151.001. RIGHTS AND DUTIES OF PARENT. (a) A parent of a child has the following rights and duties:
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child's education; and
(11) any other right or duty existing between a parent and child by virtue of law.
(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).
(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.
(d) The rights and duties of a parent are subject to:
(1) a court order affecting the rights and duties;
(2) an affidavit of relinquishment of parental rights; and
(3) an affidavit by the parent designating another person or agency to act as managing conservator.
(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:
(1) a parent or grandparent of the child;
(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and
(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

[BradM]

There is also a statue in chapter 9 of the penal code that allows parents to use force on their children. This case is total bullshit. I can't believe she plead guilty.

[Ted]

looks like i could be a possible felon then.

[Sean88gt]

On a thread hijacking note, anyone that doesn't believe in spankings need to spend a few weeks at my sister in law's place. Her 5 yr old is tolerable but her 3 yr old is fucking Ed Gein. Very little discipline and gets away with murder. Plus he has to stroke her hair to fall asleep, eats rubber tires off of toy cars, cries about everything, and is a mean little shit to everyone then goes running to mommy to tell on the kid he just hurt.

[Osiris]

There is also a statue in chapter 9 of the penal code that allows parents to use force on their children. This case is total bullshit. I can't believe she plead guilty.

Yup.

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.