Is Spitting On Someone Assault

Is Spitting on Someone Considered Assault?

Spitting on someone – as nasty as it is – seems like it shouldn’t be a big deal legally speaking, right? But you might be surprised to find out that it can actually be considered a crime. Let’s break it down.

What is Assault?

Legally speaking, assault refers to when one person acts in a way that makes another person afraid they are about to get hurt. It’s threatening behavior that makes someone fear bodily harm.
Assault doesn’t require actual physical harm or violence – just the threat. As gross as it is, spitting on someone can be considered a physical threat.

Is Spitting Assault or Battery?

To make things more confusing, some states differentiate between assault and battery.
Assault refers to the threat of violence, while battery refers to actual physical contact or harm. So if we’re getting technical, spitting on someone would likely fall under battery since the spit actually touched them.
But in many states assault and battery fall under the same crime category. And spitting can certainly imply an assault took place even if there was contact.

Spitting Laws By State

Most states have laws prohibiting spitting on sidewalks, public transit, etc. for sanitary reasons. But when it comes to spitting on another person, laws vary widely.
Here’s a quick overview of how spitting is treated state-by-state:

States Where Spitting is Considered Assault

In some states, spitting on someone may be charged as assault and/or battery:

• Alaska – Spitting is considered “offensive physical contact” and charged as misdemeanor assault.
• Arizona – It can be charged as assault under disorderly conduct laws.
• Florida – Spitting is considered battery and a first degree misdemeanor.
• Georgia – Spitting qualifies as simple assault, a misdemeanor.
• Hawaii – Spitting is considered offensive touching, a petty misdemeanor.

In other states, spitting may not specifically be defined as assault but can still be charged as disorderly conduct or harassment.

States with Enhanced Charges for Spitting

Some states have enhanced penalties if certain conditions are met – like spitting on a public safety official:

• In California, spitting on a peace officer qualifies as battery and carries increased fines or jail time.
• Illinois has a law making it aggravated battery to spit (or throw bodily fluids) on public servants like police, firefighters, or teachers.
• Michigan’s assault laws impose harsher penalties for spitting on county jail employees.

A number of states also have stricter sentences if the spit contained blood or other bodily fluids:

• In Indiana, spitting blood at a public safety official is a felony.
• Ohio’s assault law includes heavier penalties for throwing or expelling blood, semen, urine, feces or another bodily substance.

When Spitting May Not Be Considered Assault

While spitting seems like a clear case of assault, there are some exceptions. For example:

• If the spit was accidental and not intended to threaten harm.
• If the “victim” provoked the assault or gave consent.
• If the spitter has a medical condition causing excessive salivation.

It also matters who was spit on. Spouses may not be able to press charges against each other. Parents are also typically immune from assault charges brought by minor children.
But outside domestic relationships, spitting is often seen as a physical threat or provocation.

Defenses Against Spitting Charges

Those charged with spitting assault may claim:

• Self-defense – i.e. they spit after being attacked first.
• Accident – the spitting was unintentional.
• Medical issues – a condition caused excessive salivation.
• Mistaken identity – they didn’t actually spit on the accuser.

Mental illness may also provide a defense against charges in some cases if the spitter was having an episode or unable to control their behavior at the time.

Penalties for Spitting on Someone

Like laws, penalties for spitting vary quite a bit state to state. But possible sentences can include:

• Fines up to $5,000 in some states.
• Up to 1 year in jail.
• Community service.
• Anger management or other court-ordered counseling.

Penalties tend to escalate for repeat offenses or if the victim was a minor or public servant.
In a few states, spitting is only a citation-level offense on par with minor traffic violations. But it can potentially be charged as a low-level felony in aggravated cases.

The Bottom Line

So while being spat on may seem pretty harmless in the grand scheme of things, it can actually be considered assault or battery under the law in many instances.