Texas Bill Introduced HB 1482 "ASSAULT WITH BODILY FLUIDS"

H.B. 1482
H.B. 1482

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of assault with bodily
fluids, the prosecution and punishment of that offense, and the
consequences of a conviction for that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.03 to read as follows:
Sec. 22.03. ASSAULT WITH BODILY FLUIDS. (a) A person
commits an offense if:
(1) with the intent to assault, harass, or alarm, the
person causes another person to contact the blood, seminal fluid,
vaginal fluid, saliva, urine, or feces of the actor, any other
person, or an animal;
(2) with the intent to arouse or gratify the sexual
desire of any person, the person causes another person, without
that person's consent, to contact the blood, seminal fluid, vaginal
fluid, saliva, urine, or feces of the actor, any other person, or an
animal; or
(3) with the intent to arouse or gratify the sexual
desire of any person, the person causes a child to contact the
blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the
actor, any other person, or an animal.
(b) In this section, "child" has the meaning assigned by
Section 22.011(c)(1).
(c) An offense under this section is:
(1) a Class A misdemeanor, if the offense is committed
under Subsection (a)(1);
(2) a felony of the third degree, if the offense is
committed under Subsection (a)(2); and
(3) a felony of the second degree, if the offense is
committed under Subsection (a)(3).

Wow! It may soon be a crime if you spit on someone else or their pets. I don't know how I feel about this. I can understand the scare of spreading disease via bodily fluids. I can also see this as a potential for major abuse by authorities.

[edit on 2/19/2009 by Amaxium]

I'm kinda leaning towards agreeing with this law... I mean I don't want to be put into contact with anyone's blood, seminal fluid, vaginal fluid, saliva, urine, or feces against my will.

I agree that it MAY be harsh with the whole spitting situation, that would be a Class A misdemeanor which in Texas...

Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

Source

I mean, if someone spits on me I'm gonna end up breaking their nose or something... so the fine falls into the price range of the medical care, lol

In California its been considered assault to spit on somebody for a long time. I am surprised that Texas of all states hasnt had this law on their books already.

reply to post by rangersdad


Us Texas rebels are known for our bar room brawls you know! Usually starts out with someone putting out our cigarette. Then we spit on 'em. Then they spit on us. Then the fists start flying. Then everyone around us decides to join in on the fun. When it's over, we are all buddies, laughing, drinking, and smoking cigarettes together singing "Kumbahyah"!

Dailymail is the first link i found but it has been reported elsewhere in UK MSM.

Basically from this law thats passed i can just see a headline something similar to:

"Man prosecuted for 'spitting' on pedestrian during police scuffle with criminal"

To get the jist of what im stating in the headline ive created there see the following article:

Pensioner fined for littering after police knock cigarette from his hand while arresting shoplifters

A grandfather was left humiliated after being handed a £60 litter fine when his cigarette was knocked out of his hand as he walked past a scuffle between police and shoplifters.

Lazaris Michael, 76, had taken a single puff before his smoke was sent flying as officers apprehended two girls who were trying to flee a branch of Boots.

But the pensioner did not have time to bend down and pick it up before a council warden pounced on him and hit him the fixed penalty for littering in front of a large crowd.

I can quite easily see the abuse of this power in situations like the one reported in the UK MSM December gone.

Such acts should be prosecutable under a standard assault law anyway given a bit of common sense, i understand that the "criminal" would have a bit of le-way if its not documented in the book of law but at the end of the day its just creating an oppurtunity for the abuse of said power.

Originally posted by Amaxium

Wow! It may soon be a crime if you spit on someone else or their pets.

[edit on 2/19/2009 by Amaxium]

You know what? Good!

You will have the chance to prove whether it was with intent or not. Shame they can't extend it to all the scumbags I see around here just throwing it out onto to the street as if the outside world is their exclusive spittoon.

Hey, if you've accidently swallowed a bug then fair but I see an awful lot of unneccessary spitting where I live. I don't care for it one bit, it disgusts me, it makes my blood boil and come the revolution they will all be on The List.