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Step Son Always Running Off and Acting Up!!!

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My Husband has a 5 year old and he never listens! He always runs off when we go to the store and breaks and write on things but one day he went to the extreme!! My Husband and I have a one year old...one day he was eating his little gerber star shaped puffs and I happened to notice one of them had something orange on it so I picked it up to see what it was and it was a thumb tack pushed into two of them !!! I freaked out because I asked him why he done it and he just laughed but he knew what it could do to my son!!! I am left not knowing what to say because my husband does not allow me to punish his son yet he didnt say anything either!! he lets him get by with anything but he is fine with his step dad spanking him which is his ex wifes husband. Yet I am not aloud !!! Its not the only time he has went against me . He makes A huge difference between the two. I don't know what to do. Its unfair to spank a one year old who doesnt know what they are doing and let a 5 year old get away with what could have killed my son. I make no difference between the two kids although one is not mine!!! Please try to give some suggestions on this subject.