OFFICE OF THE STATE ATTORNEY

JUDICIAL CIRCUIT
IN AND FOR PALM BEACH 

   

DAVID ARONBERG
STATE ATTORNEY
June 5, 2015
NO FILE MEMORANDUM
To: Dctecitvc Anna Sloan, Palm Beach County School District Police
From: Marci H. Rex, Assistant State Attorney, Public Corruption Unit
Case 15WA001661A99
RE: State of Florida v. CHRISTOPHER BRIAN BARKER

The above referenced case was presented to the Of?ce ofthe State Attorney
for review by Palm Beach County School District Police Detective Anna Sloan. It
is alleged by Det. Sloan that Christopher Barker committed Child Abuse pursuant
to Florida Statute 827.030 The facts are contained within the Probable Cause
Af?davit.

Florida law permits a parent. or one standing in loco paremis. by privilege,
the commission ol?a simple battery in the administration of discipline by one in
authority over a child. Raford v. State, 828 Sold 1012, 10l6 (Fla. 2002) (citing
Kama v. State, 507 Sold 154 (Fla. l"I DCA 1987)). As stated by the court in
Kama, ?The logical conclusion to be drawn from the current statutory scheme is
that the legislature intended that reasonable discipline of children be privileged, but
that when the person in authority over a child inflicts punishment greater than that
which is privileged to in?ict, he commits a serious offense, aggravated child abuse,
not merely a misdemeanor nonconsensual touching.? 507 So.2d at 157-158. The
court identi?ed several Factors that would indicate when discipline oversteps the
bounds of permissible conduct; (1) punishment was motivated by malice, and not
by an educational purpose; (2) it was inflicted upon frivolous pretenses; (3) it was
excessive, cruel, or merciless; (4) or that it has resulted in great bodily harm,
permanent disability, or permanent disfigurement. I_d. Absent those factors. a
"touching? by a person standing in Ioco parentis does not rise to the level ofchild
abuse and is within the legal limits of disciplinary authority. A teacher stands in
loco parenris to a student. State v. Lanier, 979 Sold 365, 370 (Fla. 4lh DCA
2008).

To support a charge of child abuse, the State must prove that the defendant
intentionally in?icted physical or mental injury upon a child or did an intentional



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act that could reasonably be expected to result in physical or mental injriry to a
child. Fla. Stat. 827.01(1) see King v. State, App 2 Dist, 903 So.2d 954 (2005),
State v. McDonald, 785 sold 640, 646 (Fla. 2d 2001), review denied, 837- So.2d
410 (Fla2003); see also Raford v; State 828 So.2d 1012, 1019 (Fla 2002).
Barker?s actions cannot be condoned; however, the facts of this case
do not support a criminal charge of Child Abuse. Despite the fact that it may be
against School District policy, this is an action by a person standing in loco

 

- parentis, for the purpose of in?icting permissible and privileged corporal

punishment. See Redford, 828 So.2d at 1016. There are no allegations or
information that the punishment met any of the child abuse factors listed above.
Accordingly, this action is a simple battery, which is privileged under current
Florida law. Although there was probable cause to make an arrest, the evidence
cannot prove all legally required elements of the crime alleged and is insuf?cient
to support a criminal prosecution. This case will be forwarded back to the Palm
Beach County School District for any administrative actions it deems appropriate.