TexasCHLforum.com

baldeagle wrote:

Glockedandlocked wrote:I have written this charge for spitting using PC22.11, basically boils down to assault by contact - bodily fluids. The result was 6 year sentence to be ran stacked on top of the parole violation that caused the return to custody.

There are other charges that can be filed on the street level for officers, for citizens a simple assault charge would be appropriate.

It is considered felony level for us because it was done based on our position and often as retaliation for official acts.

It should not be limited to HIV positives, there are other things that people carry that are more immediately life threatening/debilitating than HIV.

How do you get away with it? The law specifically states the offense must occur in jail.

WildBill wrote:

Glockedandlocked wrote:I have written this charge for spitting using PC22.11, basically boils down to assault by contact - bodily fluids. The result was 6 year sentence to be ran stacked on top of the parole violation that caused the return to custody.

There are other charges that can be filed on the street level for officers, for citizens a simple assault charge would be appropriate.

It is considered felony level for us because it was done based on our position and often as retaliation for official acts.

It should not be limited to HIV positives, there are other things that people carry that are more immediately life threatening/debilitating than HIV.

Do you know if sentenced prisoners are given routine medical checks for HIV, hepatitis,TB etc. before being put into the general prison population?

baldeagle wrote:

nightmare69 wrote:If they are going to spit on me I would rather them do it once we enter the jail so I can add a F/3 to their charge list. This all falls under TPC: 22.11. Enjoy your 2-10 in TDC.

This now makes sense to me. Note how he wrote "once we enter the jail". So nightmare69 is well aware that he cannot charge someone for spitting on him at the scene or in his vehicle, because he knows what the law says. (And kudos to you for knowing the law.)

The woman in the story was falsely charged and should be released. Her attorney should be charged with malpractice for not knowing the law and the police should be charged with false arrest.

or
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
(b) An offense under this section is a felony of the third degree.

baldeagle wrote:

mojo84 wrote:I think spitting or sharing other bodily fluids on someone is now a crime. I believe it came about with aids and other diseases that can be spread.

Is it just a crime if the target is a cop or is it anyone?

I searched for the word spit in the Texas Statutes. It does not appear anywhere. So there is no specific statute that deals with spitting on anyone. Calling it a third degree felony is a massive stretch. As a jury member, there is no way I would find someone guilty of that charge for only spitting. They would have to strike the officer for that charge to apply.

baldeagle wrote:

nightmare69 wrote:If they are going to spit on me I would rather them do it once we enter the jail so I can add a F/3 to their charge list. This all falls under TPC: 22.11. Enjoy your 2-10 in TDC.

I kind of doubt it. TCP 22:11 addresses assaultive offenses that involve physical contact. I think it would be a stretch to make that charge stick for spitting.

Back when I was in the Navy, anti-war protestors spit on the police (military and civilian routinely. It got so bad that an anti-war US Congressman publicly begged anti-war protestors to stop the spitting. (I can document all of this, but I don't think it's appropriate to do so here. PM me if you doubt what I say.) National Guard troops received training where instructors would spit on them, and they were trained not to react.

As a police officer you should be aware that some of the people you interact with are not going to act rationally or decently. It's your job to remain professional throughout and complete your work (arrest, interview, etc.) without getting emotional based on the suspect's behavior. They are not reacting to you. They are reacting to being encountered by law enforcement. To protect and SERVE is supposed to mean just that.

Section 22.11: HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT - a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
(b) An offense under this section is a felony of the third degree.