STATE v. LEFEVRE

No. 24,820.

117 P.3d 980 (2005)

2005-NMCA-101

STATE of New Mexico, Plaintiff-Appellee, v. SCOTT LEFEVRE, Defendant-Appellant.

Court of Appeals of New Mexico.

June 27, 2005.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Santa Fe, NM, Josephine H. Ford, Assistant Public Defender, Albuquerque, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} This appeal requires us to examine the thin line separating the parental discipline privilege and the crime of battery when a parent uses physical force to discipline a child. In this case, a parent angrily grabbed and held onto his child's hand, causing discomfort and a bruise. We reverse the battery conviction.

BACKGROUND

{2} Twelve-year-old daughter (Daughter) and her younger brother (Son) are the children of...

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