Nevada Supreme Court Rules that Spitting is a Battery
Last month the Nevada Supreme Court clarified that the act of spitting on someone qualifies as the Nevada crime of battery. In doing so the court affirmed the battery conviction of the defendant, who was arrested after angrily spitting on his ex-girlfriend. The court explained that battery “need not be violent or severe and need not cause bodily pain or bodily harm.”
The Nevada crime of battery is the intentional use of unlawful physical force on another person. Common examples include punching, pushing, biting, burning and even poisoning. Typical defenses to battery include self-defense, consent, and false accusations.
Penalties for the Nevada crime of battery depend on various factors including the extent of the injuries (if any) and whether a deadly weapon was used. For instance, a mild kick that results in no substantial bodily harm would be prosecuted as a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But a stabbing that results in serious bodily harm would probably be prosecuted as a category B felony carrying two to fifteen years in prison and maybe $10,000 in fines.
For more on this story go to: http://www.lasvegassun.com/news/2011/may/23/nevada-high-court-rules-spitting-someone-misdemean/
To learn more about Nevada battery law, go to our video on the subject:
