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Should squirting someone with breast milk be a felony?

Should squirting someone with breast milk be a felony?

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

    Votes: 10 35.7%

  • No, it's only breastmilk, it's different than urine

    Votes: 2 7.1%

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

    Votes: 7 25.0%

  • Other, please explain

    Votes: 9 32.1%
  • Total voters
    28
While that's disgusting for sure, I don't think it can really count as a felony. Especially given the restrictions felonies come with after completion of punishment periods.
 
Catz Part Deux said:
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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Sure, that's what the law explicitly says. But this woman wasn't in a facility, so this law doesn't apply to her.
 
Catz Part Deux said:
a/b are and/or.
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You first argued (b) so that's what I was responding to; sorry for the confusion.

(a) doesn't apply either, because (a) requires a "a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury."
 
Groucho said:
You first argued (b) so that's what I was responding to; sorry for the confusion.

(a) doesn't apply either, because (a) requires a "a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury."
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...to a peace officer.

Squirting a bodily fluid in someone's face is an intentional attempt to cause physical injury.
 
Catz Part Deux said:
...to a peace officer.

Squirting a bodily fluid in someone's face is an intentional attempt to cause physical injury.
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I've had contact with boob fluid and I can't see where it can be seen as potentially harmful under normal circumstances.
 
Catz Part Deux said:
...to a peace officer.

Squirting a bodily fluid in someone's face is an intentional attempt to cause physical injury.
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megaprogman said:
I've had contact with boob fluid and I can't see where it can be seen as potentially harmful under normal circumstances.
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I think it hinges on her intent. Human milk ordinarily would not injure a person, but if she were infected with a disease that could use milk as a vector and she knew it, she may have had sufficient intent to violate that particular law.

Also, there may be prior cases or statutes that make breast milk and/or all bodily fluids "dangerous instruments", which would make intent irrelevant.
 
I have a hard time believing that milk is a "dangerous instrument".

This must be that judicial activism I keep reading about in other threads, where people read into the law what they want.
 
Groucho said:
I have a hard time believing that milk is a "dangerous instrument".

This must be that judicial activism I keep reading about in other threads, where people read into the law what they want.
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Just saying that's something to have the paralegal look up, just to be safe.
 
Coronado said:
Just saying that's something to have the paralegal look up, just to be safe.
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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.
 
Groucho said:
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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You're right; I didn't read it closely enough. Mea culpa.
 
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.
 
Should squirting someone with breast milk be a felony?
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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.
 
1069 said:
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.
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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.
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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.
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http://jonathanturley.files.wordpress.com/2010/03/025.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! :(
 
Was the weapon in question a 38 or a 45?........:lol:
 
ADK_Forever said:
The difference here is that she committed the Boob Assault while in the jail.
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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...
 
Groucho said:
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.
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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..
 
Scarecrow Akhbar said:
It's sexual assualt and indecent exposure. The person convicted should be punished and registered as a sex offender for life.
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That there are people who "think" like this, so hateful, so intolerant, so reactionary.
All this over some breat milk....have we all gone insane??
And, in this story, I note that the "apprehended criminals" are forced to changed into a jail uniform.
Why is this?
I think that that things have gotten out of hand.
Remember that our tax money pays for all of this. I am glad that I do not live in Kentucky.
 
To me, there is zero difference between being squirted with breast milk and being pissed on. Gross, either way. And, that's why there are these sorts of statutes, they are designed for inmate population control in detention centers, jails, and prisons.
 
earthworm said:
That there are people who "think" like this, so hateful, so intolerant, so reactionary.
All this over some breat milk....have we all gone insane??
And, in this story, I note that the "apprehended criminals" are forced to changed into a jail uniform.
Why is this?
I think that that things have gotten out of hand.
Remember that our tax money pays for all of this. I am glad that I do not live in Kentucky.
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I think that you should spend a day working in a jail, get to experience what the average correctional officer does, and see if your opinion changes. Being a correctional officer is, hands down, one of the crappiest dirty jobs on earth.
 
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