Police Group Upset Over DPS Director's "Spit" Comment

[MechAg94]

http://www.texastribune.org/2016/01/26/texas-police-union-criticizes-dps-directors-commen/

http://www.cleat.org/2016/01/dps-chief-got-it-wrong-its-never-ok-to-spit-on-cops/

When asked about the arrest of Sandra Bland and escalations with law enforcement at a Texas Tribune event last week, McCraw said officers dealing with various unruly behavior including being spit at should "just take it" and respond professionally.

I heard about this issue on Walton and Johnson last Friday and looked around for links.  These were the only two I saw. 

I am curious where the law in Texas is on spitting on someone.  I figure it is some sort of assault, but I don't know how serious.  IMO, the police can use physical force and battery to stop it, but I am curious what y'all think.  I was also thinking of a non-LEO response. 

[MillCreek]

It is not uncommon for those of us in healthcare to be spat upon by patients or families, and we are not allowed to thump them upside the head. 

[cordex]

A quick web search turns up:

Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT.  (a)  A person commits an offense if, with the intent to assault, harass, or alarm, the person:
(1)  while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or
(2)  causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
(b)  An offense under this section is a felony of the third degree.
(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.
(d)  In this section, "correctional or detention facility" means:
(1)  a secure correctional facility; or
(2)  a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department.
(e)  For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

[seeker_two]

It is not uncommon for those of us in healthcare to be spat upon by patients or families, and we are not allowed to thump them upside the head. 

Same in the mental health field.....

[Battle Monkey of Zardoz]

Same in the mental health field.....

Y'all are not professional enough, or SPECIAL enough. And guy don't have badges, you need badges. 

[Perd Hapley]

Y'all are not professional enough, or SPECIAL enough. And guy don't have badges, you need badges. 

https://www.youtube.com/watch?v=VqomZQMZQCQ

[Jamisjockey]

Police are a protected class.
I agree with the idea of it being a possible additional charge, but assault?  Spit is gross, but at most you're going to catch the cold.  The CDC says HIV is not transmittable via saliva.
So you've got one government agency saying that the most heinous blood borne pathogen isn't transmittable while the rest charge people with felonious assault because of it?  Typical.

[MikeB]

About 15 years ago I was walking with my girlfriend at the time around a popular street in Phidelphia for restaurants, bars and shops when 4 to 5 teenagers started following us. They kept spitting on our backs. I flagged down an officer who refused to even get out of the car to talk with the kids, never mind charge them with anything.

[Jamisjockey]

About 15 years ago I was walking with my girlfriend at the time around a popular street in Phidelphia for restaurants, bars and shops when 4 to 5 teenagers started following us. They kept spitting on our backs. I flagged down an officer who refused to even get out of the car to talk with the kids, never mind charge them with anything.

But if they spit on him, he'd lock them up.  Possibly after roughing them up a bit.

[wmenorr67]

Wife is a teacher's assistant and gets spit on, on a daily basis.  She can't even put a mask over the little "you fill in your word(s) of choice" mouth(s).

[MillCreek]

Wife is a teacher's assistant and gets spit on, on a daily basis.  She can't even put a mask over the little "you fill in your word(s) of choice" mouth(s).

Are these developmentally delayed/special ed students?  My wife has been an elementary teacher for years and has not been spit upon by a regular student for a very long time.  When she was doing special ed, it was more frequent.

[seeker_two]

About 15 years ago I was walking with my girlfriend at the time around a popular street in Phidelphia for restaurants, bars and shops when 4 to 5 teenagers started following us. They kept spitting on our backs. I flagged down an officer who refused to even get out of the car to talk with the kids, never mind charge them with anything.

Maybe if he had witnessed those youths assaulting your closed hands with their faces......

[MechAg94]

Wife is a teacher's assistant and gets spit on, on a daily basis.  She can't even put a mask over the little "you fill in your word(s) of choice" mouth(s).

Why is she still working there? 

[MikeB]

Maybe if he had witnessed those youths assaulting your closed hands with their faces......

I was closer to showing them the business end of a 1911 than fists. This had been going on for a good hour of them following us, making vaguely threatening comments, etc. I didn't realize at first they were spitting on us too until I caught them in a reflection going into a store trying to get away from them. After the cops basically said they didn't care what the kids were doing we ended up going into a bar where they were checking IDs so they couldn't follow. In my opinion what they were doing was assualt, but in terms of the OP it shouldn't just apply if the person being spit on is a LEO and I think there needs to be intent.

[cassandra and sara's daddy]

Police are a protected class.
I agree with the idea of it being a possible additional charge, but assault?  Spit is gross, but at most you're going to catch the cold.  The CDC says HIV is not transmittable via saliva.
So you've got one government agency saying that the most heinous blood borne pathogen isn't transmittable while the rest charge people with felonious assault because of it?  Typical.

Hep c is a pain
http://www.hepatitiscentral.com/news/can_saliva_tran/


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[wmenorr67]

Are these developmentally delayed/special ed students?  My wife has been an elementary teacher for years and has not been spit upon by a regular student for a very long time.  When she was doing special ed, it was more frequent.

It is a pre-K class of 3 and 4 year olds where some of them have already been tagged.  A couple are truly autistic but for the most part the class is being used by parents as free babysitting.

[Tuco]

A quick web search turns up:
Blahblahblah only criminal if spit on cops blahblahblah

Another example of how bureaucrats have become a protected class.
Maybe ren waz rite.
(bonus points for catching the reference, or banshwerk for daring to say it?)

[brimic]

Hep c is a pain
http://www.hepatitiscentral.com/news/can_saliva_tran/


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That.
I have no problem with the cops taking action when spit on. I personally would take it as an assault, and said spitter might end up minus a few teeth.

[MechAg94]

That.
I have no problem with the cops taking action when spit on. I personally would take it as an assault, and said spitter might end up minus a few teeth.

I really have no problem with anyone taking action including teachers.  I don't know if it rises to the level of self defense with a handgun, but I think it is the equivalent of a physical assault. 

Teachers are a separate issue to some extent.  The bureaucracy and lawsuits have pretty much removed any disciplinary authority from teachers.  I think that is a bad thing. 

[cassandra and sara's daddy]

That.
I have no problem with the cops taking action when spit on. I personally would take it as an assault, and said spitter might end up minus a few teeth.

I would cheerfully hold your coat


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[RevDisk]

But if they spit on him, he'd lock them up.  Possibly after roughing them up a bit.

I'm fine with that, for everyone. Some people don't have any manners. *shrug*

[seeker_two]

I really have no problem with anyone taking action including teachers.  I don't know if it rises to the level of self defense with a handgun, but I think it is the equivalent of a physical assault. 

Teachers are a separate issue to some extent.  The bureaucracy and lawsuits have pretty much removed any disciplinary authority from teachers.  I think that is a bad thing. 

QFT.....