State v. Meinert
Kansas Supreme Court
594 P.2d 232 (1979)
- Written by Tammy Boggs, JD
Facts
Wayne Meinert (defendant) and Charlene Meinert were babysitting another family’s three-year-old child, Jeanette Lowery. Jeanette urinated on the floor and not in the designated location. Jeanette’s parents had not given the Meinerts permission to spank Jeanette. Nevertheless, Wayne spanked Jeanette as a punishment for the incident. According to Jeanette’s parents, red marks were still visible on Jeanette’s buttocks four hours after the spanking. The state (plaintiff) charged Wayne with violating a criminal statute that proscribed child endangerment through willfully causing a child to “suffer unjustifiable pain or mental distress.” Wayne argued that the phrase “unjustifiable physical pain” was unconstitutionally vague. The trial court agreed and dismissed the criminal complaint. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Holmes, J.)
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