“at the point at which a parent ceases to act in good faith and with parental affection and acts immoderately, cruelly, or mercilessly with a malicious desire to inflict pain”). The intent underlying parental discipline and battery are not the same. “A parent who disciplines a child in a physical manner intends to corre 727 P.2d 850, 855 (Colo. 1986), overruled by People v. Dunaway, 88 P.3d 619, 624 (Colo. 2004); Ceaser, 964 N.E.2d at 917 (“By arguing that she exercised her parental privilege in disciplining M.R., Ceaser necessarily represents that her intent was to correct M.R.’s behavior through corporal punishment, rather than to simply batter her daughter,” making admissible the defendant’s prior conviction for battering her child); State v. Morosin, 262 N.W.2d 194, 197 (Neb. 1978) (<HOLDING>). The parental privilege defense comes down to
holding the act is civil not eriminal in nature and refusing to adopt the beyondareasonabledoubt burden of proof applicable in criminal cases holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy recognizing as peculiarly applicable to child abuse cases the principle that  wjhere an act is equivocal in its nature and may be criminal or honest according to the intent with which it is done then other acts of the defendant and his conduct on other occasions may be shown in order to disclose the mastering purpose of the alleged criminal act  quoting 1 whartons criminal evidence  350 at 520 11th ed holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding