Before switching to the legal side, what was the result of the human side? what was the kid's parents reaction? were your own kids involved?
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1. Proof of threat must exist. The accused made a treat. It does not need to proven that the accused intended on carry out the threat.
2. Could the hand be consider a dangerous weapon? If it was proven or believed that persons hand could cause maiming damage or incapacitating affects then the use of a hand could considered a weapon.
3. The use of force with the intent to compel submission by a dangerous weapon is force.
4. The expression of physical violence, strength, power applied to another is a display of force.
5. Assault is threatening or placing the other person in fear. The threat is one of communication or action that is of sufficient consequence to cause a reasonable fear that if non-complaince then injury will occur.
6. Bodily harm means any offensive touching of another.
7. Offense against a child is anyone under that age of 16 years.

The consequences of striking a child are serious. I've list only a few from the US code. Other state agencies could become activated in seeking criminal charges against you. The law is design to deter violence against the innocent.
§ 920. Art. 120
Source(s):
http://www.law.cornell.edu/uscode/10/usc_sec_10_00000920----000-.html

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