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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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