No-masker who intentionally coughed on brain cancer patient receives 30-day sentence

Originally published at: No-masker who intentionally coughed on brain cancer patient receives 30-day sentence | Boing Boing

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GrumpCatGOOD.gif and all that.
Christ what an Asshole.

I really don’t understand some people.

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Shoulda been life in prison for attempted murder.

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As a judge I would have chosen something more medieval.

What a PoS excuse for a human.

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The victim needs to file a civil suit for the assault.

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A hundred hours or so of community service, maybe cleaning bedpans at the local hospital where she can see the impact of COVID with her own two eyes?

A shitty punishment for shitty behavior.

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Maybe a front row seat for emergency brain surgery and waiting room duty with the patients family. Maybe digging graves for brain cancer victims. Or just go with disembowelment and get it over with.

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Saved the best idea for last I see.

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Is blowing cigarette smoke in someone’s face legally considered assault?

I mean, I think it should be, but it’s not.

This person is indeed a horrible human being, but this seems like a legally strained definition of assault.

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This exact act has resulted in numerous people dying of Covid. It’s worse than assault, its murder.

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Its a crime to knowingly expose another person to the HIV virus when they are unwilling or unaware of the danger. This killer virus should be no different

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“But I have yet to see any expression, or a significant expression on her regret about the impact it had on the victim in this case!”

=:|

surprised face

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Can they do a tumor transplant?

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To be fair - but you can’t die from smoke in your face.

Though I do think spitting on someone is considered assault as well. Presumably as it too can spread disease?

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Assault has a pretty complicated definition. In most states, you can assault someone without making any physical contact with them: assault is an action that implies something violent is about to happen. That’s why you see distinctions between assault and battery: assault is the movement towards violence, battery is the actual violence. There are a lot of subtleties here.

The implication of all this however is that assault can be defined pretty broadly. Poisoning someone’s food is assault. And, yes, blowing smoke in someone’s face can certainly be charged as assault (especially if that someone happens to be a cop).

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If your spit makes contact, it’s battery in most states. The act of spitting regardless of contact would be assault. If you spit and make contact, it’s assault and battery.

Also, the standard for assault is often not movement towards an act that would result in physical harm, but towards an act the would be “deeply offensive”. For instance, stripping someone’s clothes off wouldn’t physically harm them, but the offensiveness of the action makes it potentially criminal. Spitting or coughing falls in a similar category.

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they can’t go to their country club

Oh, the humanity.

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Well, kinda. That’s complicated and it’s worth acknowledging that these laws largely came about as an attempt to criminalize homosexuality. Slowly the laws are catching up by being modified to where they require intent to harm, which renders them moot.

https://www.cdc.gov/hiv/policies/law/states/exposure.html

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The AP article says the fine is $500 and not $5,000. Neither amount is enough.

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A female judge is named James? Does she have a brother named Sue?

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