MT · jury_instructions
Mont. Crim. Jury Instr. 3-107 (2022)
Use of Force by Parent, Guardian, or Teacher
[A parent] [An authorized agent of any parent] [A guardian] [A master] [A teacher] is justified in the use of force as is reasonable and necessary to restrain or correct his/her [child] [ward] [apprentice] [pupil]. In determining whether or not the force used is justified as reasonable and necessary you should consider along with all other evidence:
[1] the age of the child; and whether he/she is old enough to understand the punishment and benefit by it;
[2] the nature and degree of seriousness of the act for which the punishment was inflicted;
[3] the instrument used to inflict the punishment; and
[4] the nature of the injuries resulting from the punishment.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
f32afe8c169b0a7c3585d3c9dfd53b93175fa6ccb021dd67699e97ae1eb244b5
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