SPANKING MIGHT BE OUTLAWED LEGISLATION WOULD MAKE SWATTING KIDS A CRIME.

Byline: MIKE ZAPLER and TROY ANDERSON Staff Writers

The California Legislature is about to weigh in on a question that stirs impassioned debate among moms and dads: Should parents spank their children?

If the proposed legislation is approved, California would become the first state in the nation to explicitly ban parents from swatting their toddlers.

While making a smack on the behind a misdemeanor might seem a bit much for some -- and the chances of the idea becoming law appear slim, at best -- at least one legislator begs to differ.

``I think it's pretty hard to argue you need to beat a child 3 years old or younger,'' said Assemblywoman Sally Lieber, D-Mountain View, who is drafting the measure. ``Is it OK to whip a 1-year-old or a 6-month-old or a newborn?''

The bill, which is still being drafted, will be written broadly to prohibit ``any striking of a child, any corporal punishment, smacking, hitting, punching, any of that,'' she said.

Lieber said it would be a misdemeanor, punishable by up to a year in jail or a fine up to $1,000, although a legal expert advising her on the proposal said first-time offenders likely only would have to attend parenting classes.

The idea has ignited a frenzy of national media attention, including from ``Good Morning America,'' ``The Today Show,'' CNN and Fox's Bill O'Reilly.

And it is encountering a fair amount of skepticism even before it's been formally introduced.

Beyond the debate among child psychologists -- many of whom believe limited spanking can be effective -- the bill faces questions over how practical it is to enforce.

And some legislators oppose what they consider ``nanny government.''

``Where do you stop?'' asked Assemblyman Chuck DeVore, R-Irvine.

DeVore said he agrees children under 3 shouldn't be spanked but has no desire to make it law.

``At what point are we going to say we should pass a bill that every parent has to read a minimum of 30 minutes every night to their child? This is right along those same lines.''

Bill opposition

On Friday, some Los Angeles parents agreed.

``I think that's crazy,'' Johnathon Luna, 26, a refinery welder, said of the effort to legislate against spanking.

Craig Svonkin, 40, a professor at the University of California, Riverside, said he's opposed to the bill, even though he doesn't believe in spanking.

``I don't think we need to criminalize it, even if I don't agree with the parenting technique,'' Svonkin said. ``Too many bills, too many laws.

``I'm against spanking children. But just because you are against something doesn't mean you pass a law to prohibit it.''

Gov. Arnold Schwarzenegger was open-minded about the bill Thursday, although he hinted about concerns about the bill's enforceability.

Schwarzenegger said growing up in Austria he ``got smacked about everything,'' but when it comes to disciplining his four children he and wife Maria Shriver ``never'' resort to spanking.

Lieber said she conceived the idea for the legislation while chatting with Thomas Nazario, a legal expert on children's issues. Nazario said that while banning spanking might seem radical in the United States, it's already in effect in more than 10 European countries.

Sweden was the first, in 1979.

``Why do we allow parents to hit a little child and not someone their own size?'' asked Nazario, a professor at the University of San Francisco Law School. ``Everyone in the state is protected from physical violence, so where do you draw the line?

``To take a child and spank his little butt until he starts crying, some people would define that as physical violence.''

Enforcing a ban

It's unclear how a spanking ban would be enforced. Most slapping, after all, happens in the privacy of a home, and most children up to age 3 aren't capable of reporting it.

Doctors, social workers and others who believe a child has been abused already are required by law to report it to authorities.

Nazario said he and Lieber are still debating whether to treat slapping the same way or simply to encourage those who witness it to report it.

Lieber said the law ``would allow people who view a beating to say, `Excuse me, that's against the law.'''

Experts in child psychology disagree whether spanking is a legitimate or effective way for parents to discipline their children.

Robert Larzelere, who has studied child discipline for 30 years, said his research shows spanking is fine, as long as it's used sparingly and doesn't escalate to abuse.

``If it's used in a limited way, it can be more effective than almost any other type of punishment,'' the Oklahoma State University professor said.

Larzelere added that children 18 months old or younger shouldn't be spanked at all because they can't understand why it's happening.

Larzelere said Lieber's proposal goes too far.

``At least, from a scientific perspective, there really isn't any research to support the idea that this would make things better for children.''

But Lieber is optimistic that lawmakers will find her proposal hard to resist.

For the record, Lieber said, she does not have children and says she was not slapped as a child. But she does have a cat named Snoop, which her veterinarian told her never to hit.

``And if you never hit a cat,'' Lieber said, ``you should never hit a kid.''

troy.anderson(at)dailynews.com

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