Is Spitting on Someone Assault & Crime?

It’s revolting, unsanitary, and potentially life-threatening during worldwide pandemics. Is it illegal to spit at someone? To be sure, spitting is considered an assault. By definition, assault is the unlawful use of physical force against another person. As an illustration, throwing an item at somebody or hitting or hurting somebody without their permission is illegal.

Assault is a broad charge that can be leveled even if no physical contact or minimal force is utilized. Assault can include things like spitting in someone’s face. In cases where the victim’s life is in imminent danger or sustains significant bodily injury, the perpetrator may face severe legal consequences for the assault.

Is Spitting on Someone a Crime
Is Spitting on Someone a Crime

Assault can be defined as the intentional infliction of bodily harm or force upon another person, which includes spitting on them.

  • Intentional or reckless use of criminal force against another person who may have felt threatened as a result
  • That other person didn’t provide their approval.

The term “battery” describes various unwanted physical contact, including spitting, throwing an object at someone, and shining a light into their eyes.

Is Spitting On Someone Assault?

Spitting on someone may be considered an Assault, particularly if the offender is ill, as it can pose a health risk to the victim. While defendant may argue that they were unaware of their health status at the time of the incident, state statutes clearly prohibit such conduct, and the offender may face serious consequences. A skilled public defender may be able to make a case for the defendant, but it is important to understand the potential risks of such actions and to avoid them to prevent harm to others.

Spitting on someone during a worldwide epidemic could be dangerous since it could expose them to a highly contagious disease. State regulations regarding this deliberate conduct (and it is deliberate as no one unintentionally spits on another) typically concern infectious diseases like HIV and STDs.

Is it a violent act to spit at another person
Is it a violent act to spit at another person

Also Read: Disturbing The Peace Charges

What Is The Charge For Spitting On Someone?

To convict someone of battery, the prosecution must show that their client “willfully and illegally assaulted the other individual in a hurtful or unpleasant manner.” Spitting on an individual is the epitome of a “willful” offense. A “stroking” that is “damaging or unpleasant” need not constitute an illegal “use of force” or “violence” despite appearances to the contrary.

Circuit Court of Appeals found spitting upon another person is a simple assault when one man did it to another; after being insulted with foul language in a hospital. The individual who spits at the victim received two years of jail time and 500 community service hours. A spit may not cause as much damage as a dangerous weapon. However, assault is still considered a crime in the United States if done intentionally.

Up to six months in prison and a $2,000 fine is possible in areas like California. It’s possible to face up to a year in prison if your crime was committed with the specific goal of harming a law enforcement officer in the line of duty.

Conclusion On Spitting On Someone

If one is enraged or losing control of their anger, spitting may be the only option. It’s not as severe as punching someone or threatening them with a weapon, but it’s still illegal in every state. Only in the most extreme circumstances would the intended act be a foundation for a lawsuit if the resulting injury was severe enough to warrant legal action.

Criminal sanctions for spitting on another person are severe, especially when the target is a law enforcement official and the offender may be infected with a contagious disease. There’s a chance you won’t be able to post bond if the misdemeanor rises to the level of attempted murder. The dangers for police officers increase when they must work in areas with contaminated bodily fluids. Therefore, punishments should be commensurate with wrongdoing.

Check Also: How To Drop Charges Against My Boyfriend?


When someone spits on you, what does it mean?

Anger, hostility, scorn, or contempt can all be shown by spitting at another person, especially in their face. A “symbolic regurgitation” or deliberate tainting are both possible interpretations.

When someone spits in your face, how do you react?

The NHS says that in the sad event you are spat at, Do a quick soap and water rinse to get rid of the spit. Rinse your eyes, nose, and mouth thoroughly with cold water if any saliva gets in there. Seek emergency medical attention if you suspect an infection.

Is it considered assault to have someone spit in your face?

Assault is a broad charge that can be leveled even if you didn’t cause physical harm or used minimal force. For instance, spitting in another person’s face can be considered an attack. Important! When the victim’s life is threatened or they sustain injuries due to the assault, the perpetrator may face severe legal consequences.

Which is more common, assault by spitting or assault by beating?

Contrary to section 39 of the Criminal Justice Act of 1988 (CJA 1988), it has been determined that assault and battery are two distinct crimes. Assault by a battery is the typical charge for an incident involving spitting with the intent for the slaver to land.

What is Section 242 PC of the California Penal Code?

To convict someone of battery, the prosecution must show that their client “willfully and unlawfully touched the other person in a hurtful or unpleasant manner.” Spitting on someone on purpose is the epitome of a “willful” offense. A “touching” that is “harmful or offensive” need not constitute an illegal “use of force” or “violence” despite appearances to the contrary.

Is it a crime to spit at another person?

The defendant may have been unaware of their condition at the time of the incident, a point their defense attorney could make. However, state statutes clearly state that such conduct is prohibited, especially when the simple attack jeopardizes the victim’s health.

Can you get arrested for spitting on someone?

If you are found guilty of misdemeanor battery, you might spend up to six months in county jail and pay a maximum fine of $2,000. In contrast, the consequences could be much more severe if you spat at a police officer in anger.