What the Law Says
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According to the Irving Police Department, spitting on another person is considered a Class C misdemeanor assault under Texas Penal Code § 22.01 (“offensive or provocative physical contact”) FOX 4 News Dallas-Fort Worth.
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Legal sources confirm this classification: even without causing physical injury, spitting can be deemed offensive physical contact, which meets the legal definition of simple assault—punishable by a fine of up to $500 LegalClarityKTSMSoraya Joslin, P.C..
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The Law Office of David D. White reiterates that spitting is illegal and falls under simple assault, a misdemeanor, with penalties up to $4,000 and/or up to 1 year in jail, depending on circumstances David D. White Law Office.
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In aggravated circumstances—such as spitting on a public servant while knowingly carrying a contagious disease—charges can escalate dramatically, even into felony territory David D. White Law OfficeHIV Justice Network.
In Context: The Cowboys vs. Eagles Incident
In the NFL season opener, Irving Police specifically noted that spitting on someone is a standalone offense under state law, clarifying the seriousness of the act — even though this occurred in a sports setting FOX 4 News Dallas-Fort Worth.
Summary Table
| Circumstance | Legal Classification | Potential Penalty |
|---|---|---|
| Spitting on someone (general case) | Class C Misdemeanor Assault | Up to $500 fine |
| Spitting with bodily harm or on sensitive offense | Higher misdemeanor or felony | Higher fines and potential jail time |
| Spitting at a public servant while contagious | Aggravated Assault (Felony) | Years in prison, significant fines |
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