Is Sneezing or Coughing Intentionally on a Person Legal in the USA?

Welcome to Texas, where the consequences for intentionally sneezing or coughing on someone can be severe. If you sneeze or cough in someone's face with ill intent, you can be charged with the criminal offense of 'Battery.' By covering your cough, you avoid not only legal troubles but also the potential for spreading illness, especially during a pandemic.

A Recent Case

We had a recent case where a woman was arrested for intentionally sneezing or coughing on someone during the pandemic. She was charged with assault. Not only is such behavior illegal, but it is also incredibly disgusting and disrespectful.

Assault and Battery Laws in the USA

Is it legal to intentionally sneeze or cough on someone in the USA? The answer is a resounding no. Intentionally sneezing or coughing on another person can result in charges of assault or battery. Assault typically involves putting someone in fear of imminent harm, even without physical contact. Sneezing and coughing do cause contact, but the key factor is intent and the impact on the other person.

The Key Question: Proving Intent

The bigger question often lies in proving the intentional act of sneezing or coughing. Legal cases can be challenging, especially when intent is in question. Consider a case from my practice where a client was initially accused of spitting on someone. However, a simple refutation about the client’s actions cleared up the misunderstanding.

During the trial, I asked my client whether the alleged victim was yelling at him, to which he replied affirmatively. When I then asked whether he had shouted back, he confirmed that he did. To the next question: if saliva could have accidentally come out of his mouth while shouting, he initially denied it, but after a 10-second pause, he admitted his guilt. He had intentionally spit on the other person. The case was quickly resolved, and he was found guilty of assault.

Conclusion

Intentionally sneezing or coughing on someone can have serious legal ramifications, including criminal charges of assault or battery. Moreover, it is simply inappropriate behavior and can be a significant health risk. Whether during a pandemic or not, it is crucial to exercise caution and respect for public health and the law.

For more information on legal and ethical issues in the USA, please refer to official legal resources and consult with a legal professional.