Photo: AlteredSnaps

Is spitting in someone's drink a crime?

This makes some people wonder if it is illegal to spit in someone's food and the answer is a resounding yes!

vistacriminallaw.com - Is it Illegal to Spit in Someone's Food in California? Absolutely!

What is the first rule of self-defense?

Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively...

Last updated May 5, 2020

How long should you meal prep for?

When you are meal prepping, there's a good chance most meals will last for somewhere between three and five days. However, if you want to meal prep...

Last updated Jun 9, 2020

Promotion

While it rarely happens, people commonly tell stories of restaurant workers messing with the food of rude patrons. This makes some people wonder if it is illegal to spit in someone’s food and the answer is a resounding yes! If a food handler actually does spit in or lick the food of a customer though, they can be arrested and charged with battery and possibly other crimes. If you or someone you know is accused of a violent crime like battery, it is important to speak with a defense attorney as soon as possible.

Real Life Incidents

A few years ago, a fast food worker in Albuquerque, N.M. was charged with battery after she licked the cheese in sandwiches and sucked on ice added to beverages before serving them to parole and probation officers. While those charges took place in New Mexico, if it happened in California, she still could have been arrested. Another well-known example was the Texas teen who posted a video of herself licking a tub of Blue Bell ice cream before putting it back on the shelf in a Wal-Mart store. The incident ended up spawning numerous copy cat criminals, including another Texan who was sentenced to 30 days and two years probation for misdemeanor criminal mischief.

Is Spitting on Someone’s Food Illegal in California?

Although battery requires a person to use violence or force against another, as opposed to assault, that contact does not need to do serious injury and it can be indirect. A person could defend a battery by asserting no force or violence was used on the victim. This would be a close call in California whether the indirect force of spitting on food constitutes force or violence on a victim.

Battery Penalties for Spitting in Someone’s Food

Battery is ordinarily punishable by up to six months in jail, but if the victim is a law enforcement officer (parole and probation officers qualify) and you knew or reasonably should have known that fact, the sentence can be doubled to up to one year. Additionally, if the spit caused illness, that could be considered serious bodily injury and the crime could be charged as a felony, punishable by up to four years in prison. A lawyer may be able to get a felony reduced to a misdemeanor based on the situation.

Other Charges for Spitting in Someone’s Food

Why can't you flush the toilet with no power?

Without electricity, the pump won't work. And frequent flushing will eventually cause the chamber to become full and potentially overflow causing...

Last updated Sep 6, 2022

Why do kids love Minecraft?

Kids love Minecraft because the game lets them do virtually anything! They can go slay a dragon, build a castle, hunt for fish, mine caves — all in...

Last updated Nov 18, 2018

Promotion

Spitting in someone’s food doesn’t just open you up to battery charges, it can also result in food tampering charges if the victim contracts an illness. Under the food tampering law, it is illegal to willfully add poison or other harmful substance to a food, drink or medical product that will result in injury to another person. This crime is also a felony, punishable by up to five years in prison, but if the victim suffered from great bodily injury, an additional three years in state prison could be added to the sentence. If the person doesn’t get sick from the spit in the food, the defendant could argue no harmful substance was in the food. Also, if the food belonged to a grocery store or other retailer and is considered damaged by the spit, this crime could also be considered criminal mischief, which is the legal name for vandalism. This misdemeanor charge is punishable by up to one year in jail. While spitting on someone’s food may not seem like a serious crime, it could result in incarceration. Do not speak to the police without first talking to an assault and battery defense lawyer. If you have been accused of adding bodily fluids to someone’s meal, please call Peter M. Liss at (760) 643-4050 or (858) 486-3024.

Creative Commons Image by John Morton

vistacriminallaw.com - Is it Illegal to Spit in Someone's Food in California? Absolutely!

Where is the purest water on earth?

While there are a few places that boast extremely clean water, such as Canada, Iceland, Antarctica, or even Upstate New York, the team of...

Last updated Nov 23, 2019

Can you run out of oxygen sleeping in a car?

Air can flow through a car's body even when doors and windows are closed. This means that fresh oxygen can continue to enter throughout the night....

Last updated Apr 8, 2022

Promotion

Is it OK to be average in life?

Mediocre means “average.” In any population, by definition, exactly half of that population is above average, and the other half is below average....

Last updated Nov 12, 2022

Promotion

What canned food is best for survival?

Canned vegetables, such as green beans, carrots, and peas To pack in as many of those healthy vitamins and minerals as possible, order a case of...

Last updated Apr 27, 2022