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Tex. Mom Sentenced for Spanking: Gets 5 Yrs

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By Stephanie Rabiner, Esq. on June 23, 2011 6:45 AM

In an incredibly hypocritical story out of Texas, mom Rosalina Gonzales has been sentenced for spanking her 2-year-old daughter, though the practice is technically legal under state law.

Punished with 5 years of probation, a parenting class, and a $50 fine, Gonzales was also given some interesting advice by presiding Judge Jose Longoria.

"You don't spank children today."

In December, Rosalina Gonzales was arrested after her daughter's presumably well-meaning grandmother noticed red marks on the girl's backside, reports the Houston Chronicle.

She admitted to spanking the girl, but prosecutors also noted that she did so with her hand and did not leave bruises.

Even so, Judge Jose Longoria felt the need to punish Gonzales.

Regardless of how you feel about corporal punishment, the entire idea of being criminally sentenced for spanking a child is a bit bizarre and flies in the face of the law.

In Texas specifically, corporal punishment is still permitted in schools. Additionally, the Texas Attorney General's website specifically states that spanking is not illegal.

It does, however, give some guidelines as to when spanking becomes child abuse.

Judge Longoria clearly doesn't thinking there is any distinction between spanking and abuse, which is a perfectly fine opinion to have when he is raising his own children. But, as a judge, he was bound to uphold the law, and it appears as though he may have let his bias guide his decision instead.

Though she has already been sentenced for spanking her child, Rosalina Gonzales would probably do quite well on appeal.

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