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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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Is consensual spanking between adults legal

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Is consensual spanking between adults legal?
Hello there:

Thank you for entrusting me with your question. Yes, spanking is generally legal between consenting adults in Idaho. As long as neither party is injured and as long as money is not changing hands, it is generally legal. If you have any special concerns about the circumstances, we can discuss those concerns, but if two adults are doing it just for their own amusement, they are pretty much free to enjoy themselves.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Customer: replied 5 years ago.
How is injury defined in that context?
Discernible injury, such as bruising, other marks.

However, even in that circumstance it is not illegal as long as the participants have clearly agreed to assume the risks of the activity. It would not have to be in writing (though it would be recommended), but if the parties had an agreement that they assume the risk and waive liability for all foreseeable injuries that may result from participation, including but not limited to light bruising, welts, redness, mild to moderate pain, broken skin, etc., there would not be any illegality. It just needs to be clear and agreed what each party expects to suffer as a result.
Customer: replied 5 years ago.
What if such an agreement had not been made, other than verbally, but neither party had any desire to press charges. Could charges still be pressed by the state?
Verbal consent is legally adequate, but it creates an evidence problem if there is disagreement or confusion over what was agreed upon. If someone goes to the police and says that you beat him/her up without his/her consent and shows the marks, you could get charged with assault. If neither party disputes that consent was given, there is essentially no risk of law enforcement getting involved.
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