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Discussion Starter · #1 ·
and what is the maximum response, if any, you can use?

I think spitting on a police officer is "assault with bodily fluids" and is a felony iirc. If the spitter has hepatitus or aides it's an even worse felony if memory serves?

What would your response be and what should it be?
 

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It's not an assault. It's a battery.
 

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it depends. if the victim is a cop, as in your example, it's a crime and he is authorized to have his way with you. if a cop spits on a civilian, it's not a crime and the civilian is not allowed any response.
 

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it depends. if the victim is a cop, as in your example, it's a crime and he is authorized to have his way with you. if a cop spits on a civilian, it's not a crime and the civilian is not allowed any response.
"civilian" :rotfl2:
 

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Spitting is battery, a misdemeanor.
Spitting as part of a verbal confrontation with body posturing and gesturing that looks like the spitter is about to attack you can be assault. Totality of circumstances, and the spitting is one such circumstance to consider.
But "assault" is also a low-level misdemeanor.

Unless you know or reasonably believe it to be true that the spitter HAS (not "could have" or "might have" or "leads a lifestyle that makes it more likely that he could contract") HIV or HEPATITIS or some other deadly disease that is carried in body fluids, you cannot consider this a deadly force situation.
 

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Spitting is battery, a misdemeanor.
Spitting as part of a verbal confrontation with body posturing and gesturing that looks like the spitter is about to attack you can be assault. Totality of circumstances, and the spitting is one such circumstance to consider.
But "assault" is also a low-level misdemeanor.

Unless you know or reasonably believe it to be true that the spitter HAS (not "could have" or "might have" or "leads a lifestyle that makes it more likely that he could contract") HIV or HEPATITIS or some other deadly disease that is carried in body fluids, you cannot consider this a deadly force situation.
So, just curious, what if the spitter is a homeless person on the street and you can visibly see 'track marks' on the arms? Would if be safe to 'reasonably believe' that person may have HIV or Hepatitis?
 

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So, just curious, what if the spitter is a homeless person on the street and you can visibly see 'track marks' on the arms? Would if be safe to 'reasonably believe' that person may have HIV or Hepatitis?
Probably not.
 

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Are we really discussing shooting spitters? Really?
I agree it seems kind of ridiculous, but have to presume the OP (or someone in the thread) is asking the question seriously because they don't know one way or the other, and therefore deserves at least a serious discussion so as to edify those people.
 
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