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The American Civil Liberties Union of Kentucky is asking Kentucky judges to overturn a state law that makes it a crime for parents to spank their children without fear of a citation.

As ABC News reported last month, parents in the state who don’t want their toddlers spanked can now be arrested and charged with a misdemeanor.

“Kids just need safe and good environments in which to express themselves,” ACLU deputy director Stephen Taylor told the news agency.

Taylor said the law targets “custodial parents who are trying to help their kids, trying to get them out of bad situations and who were not involved in the physical abuse.”

In addition, he told CBS reporter Lara Logan that the law puts children right in “danger in situations where they need to learn independence and to exercise a moral judgment.”

The ACLU of Kentucky is asking Kentucky courts to overturn the state law because it violates constitutional rights.

Court documents obtained by the Associated Press show Judge Thomas B. Johnson of the Kenton County Circuit court will hear a case brought by a 12-year-old child who was spanked by her mother for refusing to get in the car to pick up her son from school.

When the boy left school, the mother went with him to her parents house to pick him up.

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The mother came back and started “to spank” the boy, which the boy interpreted as a threat, according to the court documents obtained by Kentucky news outlet the Lexington Herald Leader and a search warrant released by the law office of assistant district attorney Brian R. Davis.

As the boy got out of the car the mother stopped and told the victim “that she has a bad opinion of boys.” Prosecutors filed an aggravated assault charge against her, the Herald Leader reported.

The man’s mother had tried to calm the child down and he responded by saying “I don’t want to be treated like that,” the Herald Leader reported.

A spokesman for state Rep. William L. “Lucky” Jenkins, who sponsored the legislation, told local news outlets he doesn’t recall the incident.

In April 2010, Kentucky lawmakers passed a bill creating the so-called spanking law, which specifically prohibits parents from “torturally punishing a student by pushing or slapping the student with a closed fist or grabbing

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