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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.

nightmare69 wrote:

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?

I know the get a TB test before going to TDC. I know TDC does its own medical tests upon intake.

mojo84 wrote:

nightmare69 wrote:

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.

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.

I may be wrong but I think the conversation has moved on to someone spitting on a noncop and being charged for assault.