Defending yourself against a minor might seem like a strange thing to have to do. Besides, minors are just kids, right? And kids, well, they play in sandpits, ride bikes, play with toys or just like to hang out with friends if they’re bigger. So why would adults need to defend themselves against a child? We’re living in a world where we see things today that we’ve never seen before and in the likeliness of your life being threatened for whatever reason, can you defend yourself against a minor?
Yes, but only if it’s reasonable, appropriate, and necessary. The right to self-defense allows everyone to protect themselves and others against attempted injury by another, including a minor.
In America, the term minor refers to anyone under the age of 18 years old. This means that although technically a minor in the eyes of the law, some kids can be bigger than others! Of course, not all ‘big’ kids are out to attack adults, but there are occasions when adults are required to step in to protect themselves or others.
This article will explore circumstances that might call for self-defense and the laws that govern you in these situations. We will also examine what responsible and appropriate defense looks like, should you find yourself in this unfortunate situation.
What The Law Says About Self-defense And Minors
Self-defense laws are present in every US state, allowing you to use reasonable force to defend yourself and others when threatened and to avoid criminal liability from using such force.
These laws don’t distinguish lower or upper age ranges against who you may defend yourself. Therefore, if anyone of any age threatens you or the safety of others, you are allowed to take preventative action within reason.
Various state legislatures point out that child abuse does not include using force or defensive measures in self-defense or the defense of another.
Generally, you’re allowed to defend yourself against a minor to avoid being hurt or prevent others from being hurt. However, the fundamental issue boils down to whether there was an immediate danger of injury or threat to life and if your defensive actions were necessary and proportionate to the threat posed by the minor.
Is There Immediate Danger?
You can defend yourself against a minor if they pose an immediate threat to you and others. Threats are imminent if they happen right before you and put you in immediate fear of physical harm. Offensive words without accompanying threatening actions of immediate harm don’t justify using force to defend yourself.
Instead, you must reasonably believe a danger exists even if the minor didn’t mean any harm. What matters is that a reasonable person in the same situation would perceive an immediate threat or fear injury.
For example, if a minor threatens your life and moves toward you while reaching into a back pocket. As a result, you may believe you are in immediate danger thinking the minor has a knife or weapon, and subsequently take action to defend yourself.
You Can Only Defend Yourself With Reasonable Force
Only a reasonable amount of force is permitted when defending yourself against a minor. While parents and caregivers in most States are allowed to use corrective force that is minor or inconsequential, this cannot be used to inflict pain or suffering purposely.
For example, a short spanking that inflicts temporary pain to correct behavior can be considered reasonable. However, if the spanking is excessive, results in severe harm, or is done to hurt the child intentionally, it crosses the line to unreasonable force and possible criminal action.
Obviously, a minor pointing a firearm at you won’t be deterred by a ‘spanking,’ so more forceful action will be required. This is considered reasonable force due to the circumstances (the kid is holding a firearm!). Remember, any force regarded as unreasonable when disciplining a minor may be reasonable in self-defense.
What matters is that the action taken in self-defense was proportionate and necessary to the circumstances.
Is Reasonable Force Necessary?
You’re probably wondering whether it’s necessary to use force in the first place or if other options are available, like leaving the situation or moving away from the child.
Sadly, this isn’t always possible, and in some scenarios, it may become essential to defend yourself. Still, even then, your defensive actions must be proportionate to the harm you prevent.
For example, a knife is still extremely dangerous, even in the hands of a minor. While shooting a minor who intends to stab you with a knife may not be necessary, using an object close to you to hit out at them and make them drop the knife is acceptable.
Subjective and Objective facts
Sometimes acts of self-defense are based on what the person defending themselves believes to be happening, even if they are mistaken (subjective action based on objective fact).
For example, a minor threatens your life and approaches you while reaching into their back pocket. You believe they have a knife and slap them, causing them to fall and break their nose.
Unfortunately, it seems you made a mistake defending yourself against the minor because, after the event, it’s discovered they didn’t have a knife and were actually reaching for a tissue!
Generally, the law allows such force to be used (you were right to slap them!) because it’s a reasonable action to have taken, even if your belief was mistaken.
How Can You Defend Yourself Against A Minor?
The most crucial factor to consider is the threat level and how much force the minor uses to attack you to determine the appropriate and reasonable force required to defend yourself. Of course, these situations happen at lightning speed, so you may have to think on your feet.
Steps For Defending Yourself Against A Minor
Step 1:
Exercise restraint and do the bare minimum (less action is more), provided there’s no imminent threat of grievous injury or death. In most cases, a retreat is usually the best option, especially if you’re not the minor’s parent, legal guardian, or teacher.
Step 2:
Ensure you use lots of verbal warnings and try to talk them down. If the minor is simply ‘throwing a tantrum’, shouting, and kicking, wait for them to calm down. Only consider holding them down or wrapping your arms around them should they become a danger to you, others, or themselves.
Once the threat is reduced or eliminated, further defensive action by you is unnecessary and can be considered retaliatory, not self-defense.
Step 3:
Suppose the minor has a knife or intentionally points a firearm at you. In that case, you can defend yourself by any means necessary should escaping or disarming them be impossible. In such a scenario, age doesn’t matter because you are facing a deadly force (knives and firearms aren’t toys!) that can end your life or cause grievous bodily harm.
Final Thoughts
Everyone has the right to defend themselves or go to the defense of others, including defending themselves against a minor. All that matters is that you use reasonable and appropriate force according to the circumstances.
