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Speak Up! - View Question #318 |
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Question: If you spit from a building on someone, is that against the law?
Answer: Spitting on someone is against the law if it is done to insult, injure or provoke the person spit upon. Arizona Law (A.R.S. § 13-1203(A)(3)) states that 'a person commits assault by knowingly touching another person with the intent to injure, insult or provoke such person.' Spitting on someone is considered under the law to be a type of touching.
This type of assault is a class 3 misdemeanor unless the assault is aggravated by the fact that the victim was on duty at the time of the assault as a police officer, firefighter, paramedic or a licensed health care practitioner (such as a nurse or doctor). If that is the case, then the crime is an aggravated assault and is a class 6 felony. A class 3 misdemeanor is punishable by up to 30 days in jail and a $500 fine. A class 6 felony is punishable for as little as 4 months or as much as 2 years in prison.
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| Comments |
| 1 thru 5 of 8 comments |
On 05/12/09
concer from AZ said:
Saliva is considered bodily fluids. This is a very effective way to transmit germs.
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On 05/04/04
Me from CA said:
Nikki, I dont think that if a kid spits from a building and it acidently hits an officer that you could charge the kid with assult. Typically, to charge someone with a crime such as that, you have to prove intent.
Spitting on a police officer carries a stiffer penalty than spitting on a citizen for the same reason battery or murder do, and that is, if one is willing to commit that crime againt an officer who is carrying a gun and is in a position of authority, what might they be willing to do to an average citizen?
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On 02/26/04
Dave from AZ said:
Spitting on public safety officials should be a felony because guess what, who else is gonna deal with that drunk who is exposing himself to your family, or that person so doped out of his mind he didn't see the red light and almost killed somebody. These are the idiots who typically are not in control of their actions and end up doing stuff like this. These are the people that public safety officials have to deal with; shouldn't we be protected? If you don't think so, you try dealing with them and then describe your feelings as you're wiping spit out of your face. When called, we respond!
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On 07/02/03
Ismael from PA said:
I believe this law is an important one. Spitting is on someone is
distgusting, vile, and downright irresponsible. Spitting on a police
officer, etc. should definitely carry a stiffer penalty when those people are being assaulted while attempting to help people. I know
alot of people have a "screw cops" mentality, but why should they be mistreated because of there profession? Especially one that helps people and saves lives on a daily basis.
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On 05/04/03
AO from WI said:
If you feel that someone spitting on you is truly endangering your life, then you need to stay inside. There are germs everywhere, if that is what you are afraid of you may need to consider living in a bubble for the rest of your life. There are more important things police officers should be taking care of then a complaint from someone who saw someone spit on another person.
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