17.20 - 5. Physical Force By Parents And Guardians

• Jurisdiction: New York

5. Physical Force by Parents and Guardians

Parents and others entrusted with the care of a person under 21 or the care of an incompetent person may use ordinary physical force to the extent they reasonably believe is necessary for disciplining or safeguarding the welfare of their charges.²⁷⁵² The statute applies to teachers and others acting in loco parentis.²⁷⁵³ The defense is not available, however, with respect to a charge of endangering the welfare of a child.²⁷⁵⁴ A warden or other authorized jail official,²⁷⁵⁵ or a person responsible for maintaining order on a common carrier of passengers,²⁷⁵⁶ may use force to the extent necessary to maintain order, but as to the latter, deadly physical force may be used only when reasonably believed to be necessary to prevent death or serious physical injury.²⁷⁵⁷

Finally, the law provides the defense of justification to a person trying to prevent another from committing suicide or inflicting serious physical injury upon himself²⁷⁵⁸ and to physicians using force necessary to administer proper treatment.²⁷⁵⁹

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Notes:

^[2752] . PL § 35.10(1).

^[2753] . See id., which does not give affirmative authority...