Spitting on Someone: Is It a Crime? Here’s What California Law Says

Spitting on someone might seem like a trivial or rude action, but in California, it can carry serious legal consequences. Whether the act is a momentary lapse in judgment or an intentional act of aggression, spitting can be classified as a crime under certain circumstances. In this article, we’ll explore whether spitting on someone is a crime in California, the potential penalties involved, and the nuances of how the law addresses such incidents.

What Does Spitting on Someone Mean Legally?

Spitting on another person is the act of ejecting saliva or other bodily fluids at them. While some might consider it an impulsive or disrespectful gesture, from a legal standpoint, spitting can be classified as battery, assault, or even aggravated battery depending on the context.

In California, the law defines assault and battery in ways that can encompass the act of spitting. To fully understand how spitting on someone could be a crime, we need to break down the relevant legal concepts.

California Law on Assault and Battery

Under California Penal Code, assault and battery are defined as follows:

• Assault (California Penal Code § 240): This involves an intentional act that makes another person fear immediate harm. Importantly, assault doesn’t require physical contact—just the threat of violence.

• Battery (California Penal Code § 242): Battery occurs when a person uses force or violence against another person. It involves actual physical contact, so spitting on someone can be considered battery, even if the physical contact is as minimal as saliva making contact with the victim.

Given that spitting involves intentional force or violence (even if minimal), it can easily be charged as battery under California law.

When Does Spitting Become a Criminal Offense?

Spitting on someone can be treated as a criminal offense depending on the circumstances, including the intent of the person who spits, the relationship between the parties, and whether there are any aggravating factors involved.

1. Misdemeanor Battery: If the spitting was a spontaneous act with no intent to cause injury, it may be classified as misdemeanor battery. Misdemeanor battery is punishable by up to six months in county jail and/or a fine of up to $2,000.

2. Felony Battery: If the incident involved aggravating factors—such as the victim being seriously harmed or the act occurring in the commission of another crime—spitting could be charged as felony battery. Felony battery carries much harsher penalties, including up to four years in state prison and substantial fines.

3. Aggravated Battery: In some cases, spitting on someone could be treated as aggravated battery if the victim is a law enforcement officer, a public official, or another person with special protections under the law. Aggravated battery is a felony and can result in a prison sentence of two to four years.

Spitting and Public Health Concerns

Spitting isn’t just an issue of personal disrespect—it can also pose serious health risks, particularly when bodily fluids, such as saliva, are involved. In the age of increased awareness about communicable diseases, spitting can be seen as an act of potential biological assault.

In California, if someone spits on another person with the knowledge that they carry an infectious disease (like HIV, Hepatitis, or Tuberculosis), this can have more severe legal consequences. Under Penal Code Section 12022.8, it may even be classified as an assault with a deadly weapon if the perpetrator intends to transmit a communicable disease to the victim.

Spitting on a Police Officer

California law takes a particularly hard stance on crimes committed against law enforcement officers. Spitting on a police officer, for instance, could lead to more severe criminal charges. Under Penal Code § 243(c), if a person spits on a police officer, it is considered battery on a peace officer. This charge can be a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the situation.

If convicted of felony battery against a police officer, the penalties could include two to four years in prison and significant fines.

Civil Consequences of Spitting

Aside from criminal charges, spitting on someone can also expose the perpetrator to civil liability. If the victim decides to pursue legal action, they could file a civil lawsuit for battery, emotional distress, or assault.

In a civil lawsuit, the victim may be entitled to receive compensation for damages such as medical costs, psychological harm, and pain and suffering. The amount of damages awarded in a civil case can vary depending on the severity of the act and the emotional or physical harm caused to the victim.

Possible Defenses to Spitting Charges

If you find yourself accused of spitting on someone, there are several defenses you might be able to raise in court:

• Lack of Intent: If you did not intend to harm the victim and the act was accidental, this may be a viable defense.

• Self-Defense: In rare cases, if the spitting was done in response to an immediate threat, a defendant may argue that the act was an act of self-defense.

• False Allegations: If the victim’s claims are false or exaggerated, a defendant might argue that the spitting incident did not occur as described.

• Provocation: If the spitting was in response to extreme provocation, the defense could argue that the act was a temporary lapse in judgment rather than an intentional crime.

Conclusion: Spitting on Someone Can Be a Serious Crime in California

Though spitting may seem like a small or insignificant act, it can have serious legal consequences in California. From being classified as misdemeanor battery to felony assault with a deadly weapon in cases involving the transmission of disease, spitting can be a criminal act under many different circumstances.

In some cases, the victim of spitting may also pursue a civil lawsuit for emotional or physical damages, leading to further legal consequences for the perpetrator. If you have been charged with spitting on someone, it is important to seek legal counsel to fully understand your rights and options.

If you are dealing with an incident involving spitting or any other criminal matter, don’t hesitate to reach out to Southwest Legal for professional legal guidance. Our experienced criminal defense attorneys are here to help you navigate through complex legal issues and ensure that your case is handled with care and expertise. Contact us today to schedule a consultation.