1.106 — ASSAULT INVOLVING BODILY FLUIDS

Violations of "Statute 01.106" results in a Class C Misdemeanor

---

(a) Definitions

An individual is guilty of Assault Involving Bodily Fluids when they knowingly and intentionally cause or attempt to cause bodily fluids, including but not limited to saliva, blood, urine, feces, or any other bodily secretion, to come into contact with another person without consent. This includes but is not limited to spitting, throwing, or expelling bodily fluids in any manner.

(b) Elements

Involving Bodily Fluids occurs when the assault does not result in serious injury or potential exposure to life-threatening diseases. This includes but is not limited to spitting or minor physical contact with non-harmful bodily fluids.

(c) Degree(s) of Assault

Assault on medical staff charges may be categorized into different degrees based on the severity of the offense and the resulting harm to the medical staff member. For example:

• Simple Assault on Medical Staff: Involves minor or moderate physical harm or offensive contact.

• Aggravated Assault on Medical Staff: Involves more serious physical harm or offensive contact, the use of a weapon, or assault against medical staff in certain circumstances.

(d) Defenses

• Self-defense or defense of another person.

• Accidental Contact: Where no intent to harm or assault can be proven.

• Medical Necessity: Where bodily fluids were expelled due to a legitimate medical emergency.