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. #61
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Coronado View Post
    Just saying that's something to have the paralegal look up, just to be safe.
    Nah, it's pretty clear.

    Section A says it's illegal to use a deadly weapon on a police officer.

    Section B says it's illegal to use bodily fluids.

    If the law considered bodily fluids as "deadly weapons" they wouldn't have written Section B.

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

    Quote Originally Posted by MyOwnDrum View Post
    Here's the story...
    Should a woman be charged with a felony for this?

    Woman Charged for Squirting Breast Milk at Deputy - Incredible Health - FOXNews.com
    See this is why people hate cops.

  3. #63
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Groucho View Post
    Nah, it's pretty clear.

    Section A says it's illegal to use a deadly weapon on a police officer.

    Section B says it's illegal to use bodily fluids.

    If the law considered bodily fluids as "deadly weapons" they wouldn't have written Section B.
    You're right; I didn't read it closely enough. Mea culpa.

  4. #64
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    Re: Should squirting someone with breast milk be a felony?

    Anyone know if it's possible to pass STDs through breast milk? If so, I could see it being construed as a felony. If not I'd say no.
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    Re: Should squirting someone with breast milk be a felony?

    Should squirting someone with breast milk be a felony?
    I think it should carry the same penalty as spitting in someone's face.
    My friend Bill was arrested for PI in California years ago, and he spit in the cop's face.
    He was forced to submit to HIV testing and held in jail until the results came back.
    He was negative, so they charged him with a misdemeanor; if he'd been positive, I believe it would've been a felony. Probably a pretty serious one.

    I believe incidents such as the one in the OP should be handled identically.

  6. #66
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by 1069 View Post
    I think it should carry the same penalty as spitting in someone's face.
    My friend Bill was arrested for PI in California years ago, and he spit in the cop's face.
    He was forced to submit to HIV testing and held in jail until the results came back.
    He was negative, so they charged him with a misdemeanor; if he'd been positive, I believe it would've been a felony. Probably a pretty serious one.

    I believe incidents such as the one in the OP should be handled identically.
    The difference here is that she committed the Boob Assault while in the jail.
    Normally, third degree assault in Kentucky is confined to a a person who “recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury.” However, there is a special provision for inmates:

    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.

    The case will come down to intent and some interesting testimony. If guilty, Tramel succeeded in elevating a misdemeanor to a class D felony.
    Got Milk? Inmate Charged With Third Degree Assault For Squirting Breast Milk on Guard JONATHAN TURLEY

    The actual law says:
    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;
    2. An employee of 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;
    3. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties;
    4. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties;
    5. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties;
    6. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties;
    7. A probation and parole officer;
    8. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;
    9. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or
    10. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district;

    or

    (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.
    http://jonathanturley.files.wordpres...010/03/025.pdf

    These prison guards have to be better protected. It is unbelievable what some of those inmates will do. This woman will never forget this drunk!
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    Re: Should squirting someone with breast milk be a felony?

    Was the weapon in question a 38 or a 45?........

  8. #68
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Partisan View Post
    Was the weapon in question a 38 or a 45?........
    50, actually.
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  9. #69
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by ADK_Forever View Post
    The difference here is that she committed the Boob Assault while in the jail.
    So she did. Missed that part. I thought it was at the police station when she was being arrested. A police station is not a detention facility...

  10. #70
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    Re: Should squirting someone with breast milk be a felony?

    Quote Originally Posted by Groucho View Post
    Ridiculous.

    However, the reason it was a felony (I am guessing) is because the victim is a police officer doing her duty.

    In PA at least, where I practice, if you commit a simple assault like this, it's a misdemeanor, but if it's against an officer while on duty, it automatically becomes a felony.

    This will be negotiated down, I am sure.
    Really?
    IS there a difference between spitting (or worse, I trust I don't have to go there) on a person. And expelling brest milk?
    Are exposed brests not illegal in KY? (and is that state home to the famous jelly?)

    Sorry, that was infantile and not up to my usual standard, but I'll let it stand..

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