Is spitting on someone a crime?


Quick Answer

Spitting on someone is a crime as it is a form of battery, according to FindLaw. Battery occurs when there is a harmful or offensive contact made. To determine if an act falls under the crime of battery, the incident is viewed from the point of an ordinary person.

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Full Answer

Generally, the intent to harm someone is not a requirement to commit battery, notes FindLaw. This means that even if the person who spits on someone did not mean to cause harm, the act can still qualify as a battery. Additionally, no physical injury has to occur for a battery to occur.

In some states, spitting on someone falls under assault-and-battery charges since the two closely related crimes have been combined into a single charge in those states, explains FindLaw. On top of those criminal charges, spitting on someone may result in civil action.

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