Is Spitting on Someone Illegal?

By Staff WriterLast Updated April 01, 2020

In the United States, Intentionally spitting on someone is illegal. While it may not cause physical damage, it meets the requirement threshold for the definition of Battery.

As stated by FindLaw, a battery offense is defined as an offense where an assailant is intentionally touching someone, where the touching is done without consent of the victim, and where the touching is considered to be harmful and/or offensive. By intentionally spitting on someone you are touching them with your saliva, which is considered offensive, and potentially exposing them to a contagious disease,which is harmful; therefore, spitting meets the requirements for battery offense.