Vern Humphrey said:
It's simple -- anyone who has been swimming has had droplets of water strike them in the face. There is no physical danger involved. Spitting in the face is not an assault -- because no physical harm is done and the "victim" is in no danger. It is illegal and classed as assult because it is so insulting.
Spitting in someone's face is a psychological, not a physical attack. It is a step up from fighting words.
Actually, that’s not correct.
There are two reason why spitting on someone is generally against the law.
The first is a health/sanitation issue. While it does take a quart or more of saliva to transmit the aids virus, there are many other biological and viral contaminants that can be transferred through saliva. This is why spitting on the ground or in public areas is also an offence against the law (in most, if not all places). This is the same reason why defecation or urination is also against the law; it produces an unsanitary condition that can be harmful or hazardous to public health.
Bodily fluids are the property of the human being that secretes them. They are in essence, an extension of the human being (check medical laws, HIPPA etc…). With the health concerns in mind, purposely causing your bodily fluids to come in contact with another human being is assault. It has nothing to do with being offensive (even though it is). It’s offensive to some for someone to wear a shirt that says “Your mom is a hooker” (not against the law) or for interracial couples to hold hands (also not against the law) or for someone to tell another person they smell of a foul odor (also not against the law unless we’re talking employment law or harassment and harassment is more concerned with the pattern of unwanted behavior than it is the behavior itself).
There is no law against insulting someone or their sensibilities, and that is one of the wonderful things about this country. Heck, it was founded by folks who went out of their way sometimes to offend others.
Assault has nothing to do with being offended or insulted.
Source: Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
Main Entry: 1as·sault
Pronunciation: &-'solt
Function: noun
Etymology: Old French assaut, literally, attack, ultimately from Latin assultus, from assilire to leap (on), attack
1 : the crime or tort of threatening or attempting to inflict immediate offensive physical contact or bodily harm that one has the present ability to inflict and that puts the victim in fear of such harm or contact —compare BATTERY
2 : the crime of assault accompanied by battery; specifically : SEXUAL ASSAULT in this entry called also assault and battery
aggravated assault
: a criminal assault accompanied by aggravating factors: as a : a criminal assault that is committed with an intent to cause or that causes serious bodily injury esp. through the use of a dangerous weapon b : a criminal assault accompanied by the intent to commit or the commission of a felony (as rape) —compare SIMPLE ASSAULT in this entry
assault with intent
: a criminal assault committed with the intent to commit another specified crime <assault with intent to rob> <assault with intent to kill>
civil assault
: an assault considered as a tort rather than as a crime —compare CRIMINAL ASSAULT in this entry
criminal assault
: an assault considered as a crime rather than as a tort —compare CIVIL ASSAULT in this entry
NOTE: An assault may be both a criminal assault and a civil assault.
felonious assault
: a criminal assault that is classified as a felony and involves the infliction of serious bodily injury by the use of a dangerous weapon
indecent assault
: intentional offensive sexual contact that does not amount to sexual intercourse or involve penetration and that is committed without consent of the victim and without the intent to commit rape
sexual assault
: sexual contact usually that is forced upon a person without consent or inflicted upon a person who is incapable of giving consent (as because of age or physical or mental incapacity) or who places the assailant (as a doctor) in a position of trust —see also RAPE
NOTE: Sexual assault in its most serious forms (often classified as first degree sexual assault) involves nonconsensual sexual penetration. In its less serious forms it may be the equivalent of statutory rape.
simple assault
: a criminal assault that is not accompanied by any aggravating factors (as infliction of serious injury or use of a dangerous weapon) —compare AGGRAVATED ASSAULT in this entry
NOTE: Simple assault is usually classified as a misdemeanor.