View Poll Results: Should squirting someone with breast milk be a felony?

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  • Yes, it's a bodily fluid, therefore it is the same as urinating on someone

    16 41.03%
  • No, it's only breastmilk, it's different than urine

    6 15.38%
  • It should be a misdemeanor, but also include indecent exposure as well

    8 20.51%
  • Other, please explain

    9 23.08%
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Thread: Should squirting someone with breast milk be a felony?

  1. #41
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Groucho View Post
    That is not the case everywhere. Is that a distinction in the state where this happened?
    Kentucky 508.025 Assault in the third degree.
    (1)
    A person is guilty of assault in the third degree when the actor:
    (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally
    causes or attempts to cause physical injury to:
    1.
    A state, county, city, or federal peace officer;


    b. Being a person confined in a detention facility, or state residential treatment
    facility or state staff secure facility for residential treatment which provides
    for the care, treatment, or detention of a juvenile charged with or adjudicated
    delinquent because of a public offense or as a youthful offender, inflicts
    physical injury upon or throws or causes feces, or urine, or other bodily fluid
    to be thrown upon an employee of the facility.
    That secondary category (bodily fluid) isn't covered for adults, but seems relevant here.
    Last edited by Catz Part Deux; 03-08-10 at 03:59 PM.

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    Re: Should squirting someone with breast milk be a felony?

    FWIW, here's the mugshot:


    Here's the complaint.

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    Re: Should squirting someone with breast milk be a felony?

    I think "assault" with bodily fluids should be a special case of assault. Whether or not they know/suspect they have something that can be transmitted to someone else should determine the extent of the charges. Now I think that spitting or squirting on someone should be charged with something, but I don't think it should be as bad as hitting someone unless the person is attempting to actually give some disease that they know or suspect they have to someone else. Yeah, it's gross, but if the person's "clean" then there isn't any real danger or damage. And, even if they do have something, chances are very small of actually transmitting it in this manner.

    I wouldn't have a problem with the indecent exposure if it were actually in public. I don't think it would apply here though. I'm not sure. I really don't agree with anyone who is charged with indecent exposure though having to go on the sex offenders list. Now, if it's someone who repeatedly shows themselves to children, sure. But many people just do it as some stupid prank or because they're drunk, and its not a sexual matter at all.
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  4. #44
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Catz Part Deux View Post
    Kentucky 508.025 Assault in the third degree.
    (1)
    A person is guilty of assault in the third degree when the actor:
    (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally
    causes or attempts to cause physical injury to:
    1.
    A state, county, city, or federal peace officer;
    I don't think breast milk could really be considered a 'deadly weapon' or a 'dangerous instrument', unless the 'squirter' has AIDS, or knew the 'squirtee'
    was allergic......

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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Coronado View Post
    FWIW, here's the mugshot:


    Here's the complaint.
    Well, that certainly is a MUG......
    Her face could be considered a 'dangerous instument'.....

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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Partisan View Post
    I don't think breast milk could really be considered a 'deadly weapon' or a 'dangerous instrument', unless the 'squirter' has AIDS, or knew the 'squirtee'
    was allergic......
    It's not that it was a dangerous weapon, but the latter condition, that she intended to do harm to a peace officer.

    Let me just say...breast milk can contain biological agents, and I find the idea gross in the extreme.

    The perp was drunk, disorderly, and stupid.

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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by liblady View Post
    only in KY. too funny.
    Bunning's state ?
    The same state with the worst schools in the country and/or the stupidest students?
    This does take the cake, the fruitcake, for overreacting !
    An "other" vote for me....some the the selections and votes make no sense.

  8. #48
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    Re: Should squirting someone with breast milk be a felony?

    Absolutely a felony. Officer on duty, possibility of infection, so on and so forth. Not to mention it's just a deliberately filthy thing to do.

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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Catz Part Deux View Post
    That secondary category (bodily fluid) isn't covered for adults, but seems relevant here.
    Nah, it's limited to "a detention facility, or state residential treatment
    facility or state staff secure facility for residential treatment which provides
    for the care, treatment, or detention of a juvenile charged with or adjudicated
    delinquent".

    So it doesn't apply here.

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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Groucho View Post
    Nah, it's limited to "a detention facility, or state residential treatment
    facility or state staff secure facility for residential treatment which provides
    for the care, treatment, or detention of a juvenile charged with or adjudicated
    delinquent".

    So it doesn't apply here.
    The first condition does, though...peace officer. I have no doubt that jail inmates are regularly charged with a third degree felony for urinating on the jail officers.

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