It would be more difficult to use parental discipline as a defense in a criminal case alleging child abuse under a bill being pushed by Honolulu Prosecutor Keith Kaneshiro.
The bill, which advanced out of the state Senate Judiciary Committee on Tuesday, would make it clear that under no circumstances is a parent or guardian allowed to throw, kick, burn, bite, cut or strike with a closed fist any minor regardless of age and size if the action is likely to cause bodily harm. Shaking of a child under 3 would not be allowed, nor would striking of a child less than 18 months old.
Kaneshiro testified the bill is necessary to place "more reasonable limits" on using parental discipline as a legal defense. Existing law allows for parental discipline to be used as a defense as long as a parent or guardian was seeking to deter or punish a minor’s conduct and did not intend to cause substantial bodily injury, and takes into account a minor’s age and size.
The bill, Senate Bill 2062, was introduced by Sen. Shan Tsutsui (D, Wailuku-Kahului).
Last June, in a 3-2 decision, the Hawaii Supreme Court set aside the assault conviction of Cedric Kikuta after a trial judge refused to let a jury consider the parental discipline defense. Kikuta was accused of slugging his stepson, 14, fracturing his nose.
Kikuta argued he blocked punches thrown by the boy and hit him back twice but was not aiming for his head. A new trial was ordered.
State Public Defender Jack Tonaki testified that the bill would make it too difficult for a parent or guardian to mount a defense based on parental discipline. Juries should be given more leeway in considering the merits of an individual case, he said.
"We feel that the law operates efficiently," Tonaki said. "A parent can’t just beat up a child."
Another bill, Senate Bill 2404, would ban "excessive discipline of a minor" using a "belt, ruler, clothes hanger, stick, twig, tube, pipe, shoe, slipper, or any hard manmade object that causes welts, cuts, bruises, or damage to the skin or injury to the body."
A hearing on that measure, introduced by Sen. Will Espero (D, Ewa-Ewa Beach-Honouliuli), will be held at 1:30 p.m. Tuesday before the Human Services Committee.
