LAW: ON USE OF FORCE
11 Del. C. 468 - Use of Force
"The use of force upon or toward the person of another is justifiable if it is reasonable and
moderate and...:
(2) The defendant is a teacher or a person otherwise entrusted with the care or
supervision of a child for a special purpose, and:
a. The defendant believes the force used is necessary to further the special purpose,
including the maintenance of reasonable discipline in a school, class or other group, and that
the use of force is consistent with the welfare of the child; and
b. The degree of force, if it had been used by the parent, guardian, foster parent or
legal custodian of the child, would be justifiable under subdivision (1)a. and b. of this section
and not enumerated under subdivision (1)c. of this section...Section (1)a. The force is used for the purpose of safeguarding or promoting the
welfare of the child, including the prevention or punishment of misconduct; and
Section (1)b. The force used is intended to benefit the child, or for the special
purposes listed in subdivisions (2)a....of this section. The size, age, condition of the child,
location of the force and the strength and duration of the force shall be factors considered in
determining whether the force used is reasonable and moderate; but
Section (1)c. The force shall not be justified if it includes, but is not limited to, any
of the following: Throwing the child, kicking, burning, cutting, striking with a closed fist,
interfering with breathing, use of or threatened use of a deadly weapon, prolonged
deprivation of sustenance or medication, or doing any other act that is likely to cause or does
cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial
risk of serious physical injury or death; (law ends here)