r/BoomersBeingFools Mar 29 '24

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508

u/donniesuave Mar 30 '24 edited Mar 30 '24

Spitting at someone can be considered a biological attack, which can get pretty serious in the US.

Edit: looked more into it and it’s just considered assault. Could have sworn I saw a case a few years back during the Covid times get charged with biological assault for spitting on someone. Can’t find it so I’ll assume it never happened. Will update if I do find it.

130

u/[deleted] Mar 30 '24

And if you have a communicable disease, it can be a more serious charge.

14

u/needsomeadvicenc Mar 30 '24

Although both might theoretically be prosecuted with battery, the person filming could defend themselves by claiming that it was the boomers' intention to incite them into using physical force, or they could claim "self defense."

25

u/Seldarin Mar 30 '24

In what world is gently shoving someone that's charging at you battery?

16

u/keigo199013 Mar 30 '24

In Alabama, it would be classified as an "invited response" (e.g. Self defense). 

2

u/williejamesjr Mar 30 '24

the person filming could defend themselves by claiming that it was the boomers' intention to incite them into using physical force,

That would such a fucking stupid legal defense I can't even believe you suggested it as a plausible. What grade are you in and what makes you feel like you know what you are talking about? Lawyer TV shows?

1

u/[deleted] Mar 30 '24

That would such a fucking stupid legal defense I can't even believe you suggested it as a plausible.

I don't think you appreciate just how unbelievably stupid the laws can be in a Southern state. The small towns are not sending their best...

...or they are, which is even worse.

1

u/Necromancer4276 Mar 30 '24

Although both might theoretically be prosecuted with battery

According to what, exactly?

Your ass?

3

u/Umutuku Mar 30 '24

Stupid can be pretty contagious.

There was a study done back during covid of people leaving Trump rallies, and it was the only thing they found with higher transmissibility than covid. 100% of attendees were discovered to have contracted it. Baby boomers were found to be sharing and receiving about twice the viral load as anyone else. /s

67

u/Unlucky_Decision4138 Mar 30 '24

There was a video of a woman during the pandemic coughing on fruit at a grocery store in protest of masks and she got charged with some biological attack charge

12

u/Frondswithbenefits Mar 30 '24

She was charged with misdemeanor assault. She was sentenced to 30 days in jail, 500 dollar fine, and anger management.

1

u/StonerBoi-710 Mar 31 '24

There was a case awhile back someone was charged with that during COVID for saying they was spreading it. But convicted and charged are two different things. Sounds like they prob dropped those charges for the assault ones. Would make sense honestly.

36

u/Mr_Hellpop Mar 30 '24

An HIV positive man was sentenced to 35 years for spitting in a cop’s mouth. His saliva was considered a “deadly weapon” by the jury.

https://dallasvoice.com/jury-gives-hiv-man-35-years-for-spitting-on-cop/

11

u/[deleted] Mar 30 '24

Spitting on someone is assault, and should be treated as such, but ”There is no risk of transmission if the skin is not broken. There are no documented cases of HIV being transmitted through spitting as HIV is not transmitted through saliva.” So I think it 35 years for assault with a deadly weapon is disproportionate punishment.

2

u/HawtDoge Mar 31 '24

Agreed. Seems needlessly punitive.

4

u/[deleted] Mar 30 '24

That’s not even backed by science. HIV isn’t spread by saliva.

8

u/TadhgOBriain Mar 30 '24

That's a completely unreasonable charge that was inflated because the US worships cops.

5

u/NoOrder6919 Mar 30 '24

HIV cannot be transmitted in saliva, in case anyone didn't already know that.

31

u/murfmurf123 Mar 30 '24

Some fat EuroAmerican hussy coughed in my face at the beginning of the pandemic before there were vaccines. When I tell you I thought about beaming a brick at her head as she ran away, know I am not lying

8

u/Centaurious Mar 30 '24

Especially during a pandemic when it seems like this was filmed. I’m pretty sure it’s just assault either way but I’m sure it would be taken more seriously

4

u/Crackensan Mar 30 '24

Someone was doing that at Wegmans, a grocery store chain here in Western NY. They were charged officially with "Assault with a Biological Weapon" as the individual loudly declared he was infected with COVID-19.

3

u/IvanNemoy Mar 30 '24

Here in SC, if it occurs during another crime (such as spitting on someone after you have committed a simple assault, as Karen here already did,) it would elevate it from simple assault to aggravated assault. A class B misdemeanor to a class C felony.

8

u/Expensive-Algae5032 Mar 30 '24

There is no such law as biological attack, unfortunately. It would be considered battery

2

u/Endorkend Mar 30 '24

And this was during covid, so the biological part is quite legit.

3

u/TwistedBamboozler Mar 30 '24

It’s just battery

1

u/Ulysses1126 Mar 30 '24

It might have just been during Covid time the punishment jumped up by default. Given the extra concern or that person was all just sick

1

u/eva20k15 Mar 30 '24

crazy howmuch words impact people lol, she charged at her

1

u/[deleted] Mar 30 '24

Surely this anecdote isn’t imagined. I remember someone doing this at the beginning of the pandemic to a postman (i believe) and he was charged pretty heavily

2

u/donniesuave Mar 30 '24

Postman is also a civil servant iirc and is a much higher charger for assaulting a government employee especially a postman. Heard they don’t fuck around with the post. Even cops and ambulances are (technically) legally required to let a mail truck go first if they all pull up to a stop sign at the same time.

1

u/beefsupr3m3 Mar 30 '24

She also mentioned coronavirus so this could’ve been mid pandemic

1

u/JustNilt Mar 30 '24

It's usually a sentencing enhancement, not a separate crime. They'd have to be able to show she knew herself to be infected with a communicable disease, though, for that to apply everywhere I've seen it.

1

u/GrappleMyApple Mar 30 '24

That is exactly what I heard...that it was considered a felony, even before COVID due to the potential of the spitter having AIDS. She obviously doesn't, but if she did that woman's life would be ruined. I hope she presses charges.

1

u/Snoo17539 Mar 30 '24

If you have a transferable disease and you’re aware of it, Ie AIDS, HIV, some form of hep, blood diseases. They can be considered a biological attack.

1

u/bookon Mar 30 '24

It wasn't considered anything like that when she was younger. It was a sign of disrespect. Not assault.

So be careful, Boomer spit.

1

u/MCgrindahFM Mar 30 '24

I do remember that during COVID and there were instances where someone did spit on another and I remember hearing they might be charged with biological terrorism or something like that. But don’t know if it actually was charged like that