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Old 02-23-2009
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Advice re Arizona laws

Anyone give me advice on the following?

Divorced dad, only recently been allowed unsupervised access to kids. (every other weekend). Takes them camping and at 3am the 6 year old girl, poops the bed. Father tries to make her clean it up, loses temper and spanks the girl, Using his belt!! Now that's against the law in the UK, what's the case in the US? Arizona in particular.

Now if I was over there on holiday, I'd go round and break both his legs, but my son (the Step Dad now) doesn't want to affect his immigration status, by having 'words' with the coward.
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Old 02-23-2009
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In most states, that would be child abuse if it left any marks on the child at all.

Arizona Revised Statutes

That is the link for the Arizona State Statutes (laws). If you wold like to look under criminal offenses it is more than likely in there. In the future, if you have a state specific question, I have placed every state statute link in the "links" section (which is where you can find this link). If you can't find it in there, will look next time I get a break from school for you, but I would think that he could be charged with:

1) Endangering the safety of a child.
2) Child abuse

Those would be my guess, look at that link and then get back to me (via PM if you wish) and I will see what I can find out next break!
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Old 02-23-2009
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Couldn't find a definition of what constitutes abuse. (probably because my computer died and I have a temporary hard drive with Word etc to read anything.)

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Old 02-23-2009
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Old 02-23-2009
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13-1203-Assault; classification

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.

2. If done recklessly, the offense is a class 3 felony.

3. If done with criminal negligence, the offense is a class 4 felony.

B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 4 felony.

2. If done recklessly, the offense is a class 5 felony.

3. If done with criminal negligence, the offense is a class 6 felony.

C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.

E. This section does not apply to:

1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.

2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.

F. For the purposes of this section:

1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:

(a) Intentional infliction of physical harm.

(b) Injury caused by criminally negligent acts or omissions.

(c) Unlawful imprisonment, as described in section 13-1303.

(d) Sexual abuse or sexual assault.

2. "Child" means an individual who is under eighteen years of age.

3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.

4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.

5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Taking into account what this person told you is true, I think you could charge the person with both or one of these. Hope this helped if so feel free to send some rep. points my way!
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Old 02-24-2009
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Thanks, but doesn't really answer my question.
So I'll ask it another way.

If cops were informed that a father had used his belt to spank his 6 year old daughter, would they take action?

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Old 02-24-2009
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for the instance you are talking about Lrod Flash I would say I would take the report. However it is up to the prosecuter to see it through.

The wife of your son could look at getting unsupervised visitation taken away from the biological father after the report is filed. But that is a civil matter, not criminal, she would have to bring up in family court, usually at her own expense.

As far as I am concerned if you are going to spank a child you should use your bare hand. Not a belt or other tool.
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Old 02-24-2009
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Thanks Swattie, that's the route I've told my son to take. We'll even pay the court costs for the supervised visits to be reinstated. As I've said earlier if I was over there I'd go and see the guy personally! If he wants to beat someone he can try it on me.

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Old 05-24-2009
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There is never a reason to hit a 6 year old baby with a belt..Makes me nauseated my damn self.Anyone who feels the need to do that to a child,that small..needs a belt wrapped around the neck..PERMANENTLY.
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Old 07-02-2009
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If the guy has a past, then they will definitely follow up on the report..
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