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  1. #1
    Jackwagon
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    Assault With A Deadly Weapon??

    Hey guys,

    When I was talking to some friends the other day one of them said you can get charged with assault with a deadly weapon if you spit on someone. I said you can't. But they said "yes you can, since they might have AIDS"...even though you can't get AIDs from spit.

    So tell me, to confirm, can you get charged with assault with a deadly weapon for spitting on someone?
    Quote Originally Posted by Sgt. Slaughter View Post
    Sorry, champ. Armoring your nads is weird, so deal with it. How many others in your department wear a Kevlar cup?
    The Pancake Breakfast
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  2. #2
    Molon Labe LA DEP's Avatar
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    Quote Originally Posted by Axel Foley View Post
    Hey guys,

    When I was talking to some friends the other day one of them said you can get charged with assault with a deadly weapon if you spit on someone. I said you can't. But they said "yes you can, since they might have AIDS"...even though you can't get AIDs from spit.

    So tell me, to confirm, can you get charged with assault with a deadly weapon for spitting on someone?
    No.....it is a simple battery in most cases here in CA......misdemeanor crime.....
    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

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  3. #3
    It's Complicated Iowa #1603's Avatar
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    Quote Originally Posted by LA DEP View Post
    No.....it is a simple battery in most cases here in CA......misdemeanor crime.....
    Iowa too........Simple assault.
    I don't know it all, I know a little about a lot and a lot about a little---slamdunc


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  4. #4
    Forum Member GeekswithGuns's Avatar
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    Generally speaking, this is a Class C Assault in the State of Texas... unless you do it to a public servant... then it's a third degree felony. The State has gotten a little fed up with suspects and inmates doing this to Officers.

    ยง 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
    FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an
    offense if, with the intent to assault, harass, or alarm, the
    person:
    (1) while imprisoned or confined in a correctional or
    detention facility, causes another person to contact the blood,
    seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
    any other person, or an animal; or
    (2) causes another person the actor knows to be a
    public servant to contact the blood, seminal fluid, vaginal fluid,
    saliva, urine, or feces of the actor, any other person, or an animal
    while the public servant is lawfully discharging an official duty
    or in retaliation or on account of an exercise of the public
    servant's official power or performance of an official duty.
    (b) An offense under this section is a felony of the third
    degree.

  5. #5
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    Yet another old wives tale, although, if you come across a DA willing to charge it let me know so I can make a special trip to shake his hand... lol.

    -V

  6. #6
    Police Officer Michigan's Avatar
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    Quote Originally Posted by Axel Foley View Post
    Hey guys,

    When I was talking to some friends the other day one of them said you can get charged with assault with a deadly weapon if you spit on someone. I said you can't. But they said "yes you can, since they might have AIDS"...even though you can't get AIDs from spit.

    So tell me, to confirm, can you get charged with assault with a deadly weapon for spitting on someone?
    Assault and battery.

  7. #7
    Jackwagon
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    Alright thanks all...good to know I'm right hehe
    Quote Originally Posted by Sgt. Slaughter View Post
    Sorry, champ. Armoring your nads is weird, so deal with it. How many others in your department wear a Kevlar cup?
    The Pancake Breakfast
    DoesntPlayNice, trpdoverseas, JTShooter,cbr600_kitty,jhall, BCSD Frank, Taylor13, South Fla Guy, BaseballBabe, Sergeant Slaughter, jciockke, SPC-1, crass cop, Trauma1, USMCEvan, texaschickeee (will add as I please.)

  8. #8
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    Most of the time here it is disorderly conduct as assault has an injury component.

  9. #9
    Half Way to AARP Guams's Avatar
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    Woops, forgot we're not talking about spitting on public servants. In that case, FormerTeacher is right.
    Last edited by Guams; 10-13-2010 at 07:55 PM.

  10. #10
    Police Officer Michigan's Avatar
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    Injury is not required with an assault and battery in Michigan.

  11. #11
    Chicks Dig It OCEnforcer29's Avatar
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    Quote Originally Posted by Michigan View Post
    Injury is not required with an assault and battery in Michigan.
    In California, Assault is the attempt coupled with the present ability to commit a violent injury on the person of another. Battery is simply the willful and unlawful use of force or violence on the person of another. So as LA DEP said, it'd be a battery in California.
    CHICKS DIG IT!!!

  12. #12
    Police Officer Michigan's Avatar
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    Quote Originally Posted by OCEnforcer29 View Post
    In California, Assault is the attempt coupled with the present ability to commit a violent injury on the person of another. Battery is simply the willful and unlawful use of force or violence on the person of another. So as LA DEP said, it'd be a battery in California.
    You can't have a battery without the "assault", which is the intent.... in Michigan : )

  13. #13
    Forum Member SgtScott31's Avatar
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    Simple assault in TN. If person knew they had AIDS and spit on someone attempting to spread it, then it becomes criminal exposure to HIV, which is obviously a felony.
    I'm 10-8 like a shark in a sea of crime..

  14. #14
    Forum Member CruiserClass's Avatar
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    Assault by bodily fluid is a D felony in Indiana. Intentionally or recklessly transfering HIV contaminated bodily fluids is a C Felony if no infection occurs, A felony if it does, but I think the IC code requires the fluid to be blood or semen.

  15. #15
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    It would be battery in Kansas. I suppose if someone did have HIV and the infection transferred from spit, then the charge would be bumped up. However, the likelyhood of that happening is extremely remote, even if they spit directly into an open wound. Even in an HIV positive person, the virus is only in saliva in very low amounts and the virus is hard to transfer to begin with.

  16. #16
    NOT banned crass cop's Avatar
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    There was an a-hole in Lawrence KS several years ago that had HIV and was sleeping with women unprotected...ON PURPOSE, knowlingly possibly spreading the disease....he got more serious charges.
    I gues if you purposely spit on someone and youre a known carrier of disease and did it with the INTENT to spread your filth, then you could get a higher charge
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