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.
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.