Is Spitting on Someone Assault in New York?
Spitting on someone can be a gross and disgusting act, and in some cases, it can also be considered a form of assault. In New York, the laws surrounding spitting on someone are complex, and it’s essential to understand the nuances to determine whether it constitutes assault.
What is Assault in New York?
Before we dive into the specifics of spitting on someone, it’s crucial to understand what constitutes assault in New York. According to the New York Penal Law, assault is defined as:
"A person is guilty of assault in the second degree when, with intent to cause physical injury to another person, he causes such injury to such person or to a third person."
In simpler terms, assault occurs when someone intentionally causes physical harm to another person. This can include physical contact, such as punching, kicking, or hitting, as well as non-physical contact, such as spitting or throwing objects.
Is Spitting on Someone Assault in New York?
Now that we’ve defined assault, let’s get to the main question: is spitting on someone assault in New York? The answer is yes, but with some caveats.
Penal Law Section 120.05: Assault in the Third Degree
According to New York Penal Law Section 120.05, assault in the third degree is committed when a person intentionally causes physical contact with another person, without their consent, and the contact is likely to cause physical injury. This section specifically includes:
- Spitting: intentionally spitting on someone
- Throwing objects: intentionally throwing objects at someone
- Tackling or grabbing: intentionally tackling or grabbing someone
Key Takeaways:
- Spitting on someone without their consent is considered assault in the third degree
- The contact must be intentional and likely to cause physical injury
- The victim’s consent is crucial in determining whether the act is considered assault
Penalties for Assault in the Third Degree
Assault in the third degree is a Class A misdemeanor, punishable by:
- Up to one year in jail
- A fine of up to $1,000
- Mandatory community service
When is Spitting on Someone Not Assault?
While spitting on someone is generally considered assault, there are some exceptions:
- Consensual contact: if the victim has given their consent to the contact, it is not considered assault
- Self-defense: if the person spitting is acting in self-defense, it may not be considered assault
- Accidental contact: if the spitting is accidental and not intentional, it is not considered assault
Table: Examples of Assault in the Third Degree
| Type of Contact | Description | Likely to Cause Physical Injury? |
|---|---|---|
| Spitting | Intentionally spitting on someone | Yes |
| Throwing objects | Intentionally throwing objects at someone | Yes |
| Tackling or grabbing | Intentionally tackling or grabbing someone | Yes |
| Hugging or touching | Unwanted but non-violent contact | No |
Conclusion
In conclusion, spitting on someone in New York can be considered assault in the third degree if it is intentional and likely to cause physical injury. However, there are exceptions, such as consensual contact, self-defense, and accidental contact. It’s essential to understand the nuances of New York’s laws surrounding assault to determine whether spitting on someone constitutes a criminal offense.
Remember:
- Assault in the third degree is a Class A misdemeanor
- Penalties include up to one year in jail, a fine of up to $1,000, and mandatory community service
- Consent, self-defense, and accidental contact can affect whether spitting on someone is considered assault
