Yes, in almost all the states of the United States, it is actually illegal to spit on someone. It could be that there are so many people out there who don’t know this, and they think that they can get away with something like this. And surely, there have been so many instances where people have done that, and when getting legal consequences, like getting detained, arrested or fined, the one who has done it can’t even grasp why spitting on someone is made illegal. But there are genuine and logical reasons behind it, so just keep on reading about it.
What’s the Difference Between Assault and Battery?
Before we talk about the legality aspect of spitting on someone, isn’t it logical if we talk about the clear distinction between two basic legal terms: assault and battery, right?
So, here it is.
In the simplest words possible, assault is when an individual causes another person to fear that they are going to be harmed. There is no necessity for any physical touching. If you were to act as if you were going to spit on someone, and the other person thought that it was really going to happen, then that could be counted as assault. Yup!
And then, well, battery is the actual physical contact that is not wanted. It doesn’t necessarily have to be a painful one. Even the slightest touch can be counted. And to answer your question, if saliva is thrown at someone, that is definitely physical contact, and that is the reason why the law calls it battery most of the time.
There are states that employ both terms jointly, while some differentiate them, however, in any case, spitting is considered as one of these.
When Does Spitting Become a Crime?
Well, it is true that spitting on someone is generally considered as simple assault or simple battery in a majority of the states. This is a misdemeanor. Although it might not be the most terrible offense, it can still lead to serious consequences such as money penalties, imprisonment, or a criminal record that lasts for life.
Different states define it differently, you know? Like:
- In California, spitting is an “offensive touching,” so it’s battery.
- New York can treat intentional spitting as assault.
- Other than that, states like Virginia and Maryland also see it as simple assault, with punishments that can include up to a year in jail.
What’s more, the whole thing escalates quite substantially if you happen to spit on certain people, yes, there is that, too. Like, law enforcement officers, medical workers, educators, and prison employees, a lot of states have different kinds of safeguards for such people. If you throw saliva at one of these people, the case can be changed to that of a felony, hence the penalties being more severe. Plain and simple!
Why It’s Taken So Seriously
We get it, you must be wondering that at this point, but just keep in mind that spit is a fluid from the body, and the law is very strict when it comes to bodily fluids. So if a person spits on someone else and is aware that he/she is infected with a contagious disease like hepatitis or HIV, then the situation can go as far as the charges being aggravated. Local laws vary widely, but these charges might also include reckless endangerment or even assault with a biological weapon.
Spitting, as a simple act, can still lead to the transmission of germs, and it can be very upsetting to the person who is at the receiving end. Especially if it turns out that medical tests are necessary afterward.
