HELP- Law concerning spitting/expectorating on a person

[Tor319]

Can anyone point me at the NYS/NYC law/code that handles this?
I've seen from internet searches that the U.S. Appeals Court has deemed it Criminal Assault.
However I can't seem to find anything in the Penal, Admin, or Health codes on it.

I've been getting conflicting responses from different people.

Thanks in advance.

[threewishes]

Wow, good luck with that.




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[TobaKnight]

I don't know if spitting on someone is assault, but I wouldn't doubt spitting on someone would get you assaulted!

[bxhousing]

I would day that in New York it depends on the circumstances. At the very least it would constitute Harassment 2nd Degree - subjecting another to unwanted physical contact, however this is a violation and not criminal. If the person had a contagious disease and they spit on someone then I would say, yeah attempted assault 2 or 3. The attempt would have to be in there because unless the spitting actually caused a physical injury (the person got sick from said disease) then you wouldn't have the assault. The way assault is defined in NY and the way it is defined in almost every other state than NY is different.

[NYCTNT]

I would agree.. it would fall under the lines of harrassment. Harassment does not require a bruise/physical marking, but it does require the observation of a police/peace officer to charge the individual in question. (agg harassment is completely different).

As far as spitting in general(on floor, whatever).. its a nyc health code, I forgot the section but can get it for you.

[Tor319]

NYCTNT thanks I have the health code for that in my memo book insert.

The reason I'm so interested in this is in reference to this article:
http://www.reuters.com/article/oddlyEnoughNews/idUSN0727718920070308

SAN FRANCISCO (Reuters) - A man who intentionally spat at another can be charged with criminal assault, a U.S. appeals court ruled on Wednesday.

Jeffrey Lewellyn was sentenced to two years probation and 50 hours of community service after he spat in 2004 at a patient who swore at him on the grounds of a Veterans Administration Medical Center in Walla Walla, Washington.

He appealed the conviction, arguing that spitting did not constitute an assault, but the U.S. 9th Circuit Court of Appeals disagreed.

"Intentionally spitting on another person is an offensive touching that rises to the level of simple assault," the three-judge panel wrote.

NYCTNT what does the NYPD charge perp.s w/ when they spit on NYPD cops?

We actually have that happen a lot at my current job...more so than my prior one. So far it hasn't happened to me but if it does I wouldn't mind knowing the right charge to tack on.

NYCTNT thanks again for the assist much appreciated

[NYCTNT]

Harassment, and if they blurt something like I HOPE YOU DIE or.. I HAVE (insert disease), we go with assault(depends where the spit landed).

Its weird that some cultures have a sign of spitting the ultimate disrespect. Most of these people do not even know they are breaking the law, nor that it is morally wrong as it is the norm in their culture back home.

Rude awakening when they get put in cuffs though.

I only summonsed a few perps for spitting on the floor, due to the fact that when they look at us, they roll their eyes and hak a solid loogy towards the ground to say to us that we "aint nuttin". Thankfully no loogy has ever landed on me.

People these days are so out of touch. They assume every cop must carry a firearm to arrest them. I understand where you are coming from, I have a couple friends in HHC and a couple elsewhere that tell me stories all the time, especially the good old.. "you aint cops, im callin 911... you cant arrest me you got no gun...".

Dont let ANYONE disrespect you.

[bxhousing]

Remember, "Criminal Assault" is not defined in the NYS Penal Law. All assaults are criminal here, and for there to be an assault there has to be physical injury... not just a red mark or bruise. "Impairment of physical condition or substantial pain" is the threshold needed for any assault in NY. I don't agree with it, but that's the way it is. You can always charges attempted assault when there is a harassment with a bruise and the story goes "He punched me in the face hard." The intent was there to cause physical injury... dude just can't punch hard enough. I wouldn't suggest this unless it's a domestic and you really think this guy needs to go. The attempted assault would allow you to make it criminal and therefore take action without the complainant - cooperative or not.

The case you are referencing is out of CA where the laws are different. It is a federal court ruling, but it is a ruling based on laws that do not exist here in NY.

[rubyrose]

nevermind.

I'm going to call someone I know for advice on the issue.

[saxyjc]

Someone spits on me they are going through for harrassment, oga, dis-con and whatever else I can dream up at the time...with a quick stop for a bx party hat on the way.

[Zephendo]

Spit on me and it will be a lot worse then harassment.

[AllGoNoShow]

Harassment does not require a bruise/physical marking, but it does require the observation of a police/peace officer to charge the individual in question. (agg harassment is completely different).


Don't actually need officer observation if the victim wants to do a citizen arrest and sign the paperwork (mandatory arrest for domestics).

[EnWhyPeeDee]

Don't actually need officer observation if the victim wants to do a citizen arrest and sign the paperwork (mandatory arrest for domestics).

"Citizen arrest" is only for felonies in fact committed and misdemeanors in the presence of the citizen. Harassment 2nd degree is a violation which is only enforceable when a police/peace officer observes the violation and is within their geographical area of employment.

[Yogi298]

For a Harassment 2nd have the victim sign the information, and take it to the court. Or if they dont want to take it to the court, most courts have drop boxes just for the judges mail, slip it in there for them. The judge will issue a warrant for the perp. This is our procedure outside of NYC, where the PO's do the informations.

[aikido kid]

violation harrassment...

Next question :D

[EnWhyPeeDee]

For a Harassment 2nd have the victim sign the information, and take it to the court. Or if they dont want to take it to the court, most courts have drop boxes just for the judges mail, slip it in there for them. The judge will issue a warrant for the perp. This is our procedure outside of NYC, where the PO's do the informations.

Strange. Never heard of this before.

[Yogi298]

Its not a bad system, i just print the information of my MDT give it to the victim, tell them how to fill it out and away i go or if they cant get to the court for whatever reason i drop it off for them. I worked in NYC for 1.5 years so i understand what your saying.

[thecongo]

Last summer I was driving with my GF in her neighborhood, when i encountered to woMEN walking in the middle of the road, on purpose. I honked at her and drove past her/it. As I was driving by this jubba the hut looking individual started cursing at me and throwing the finger at me. So i backed up rolled my window down and before i could say anything she/it/him came up to me and spat right in my face and told me to do something about it....It was the one time in my life where I had to completely back down and think about my future considering I had just gone to orientation for the NCPD. Actually I have to credit my GF, she made me come to my senses....Had I known there were laws against this I wouldve called the cops.

That day was the absolute lowest in my life. She wouldve probably needed a face transplant had I lost it.

[SlowDownThere]

"Citizen arrest" is only for felonies in fact committed and misdemeanors in the presence of the citizen.


Um, not quite.

140.30 sub 1 CPL

...any person may arrest another person (a) for a felony when the latter has in fact committed such felony, and (b) for any other offense when the latter has in fact committed such offense in his presence.