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Atticus

(15,124 posts)
Sat Nov 21, 2020, 07:59 PM Nov 2020

Serious question for practicing DU attorneys: in the current pandemic when the health experts are

advising us to ASSUME that every person we meet is positive for covid, can deliberate repeated coughing in another's face be charged as an assault or even battery?

If so, can one take action to defend one's self?

Thanks for any serious responses.

6 replies = new reply since forum marked as read
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Karadeniz

(22,474 posts)
1. If the cougher knows he has Covid...seems I remember that an AIDS person who deliberately
Sat Nov 21, 2020, 08:26 PM
Nov 2020

Hid his condition and infected women was found guilty of something. Not an attorney, though.

3Hotdogs

(12,332 posts)
2. I ain't no attorney but I recall several instances where people have been charged by cops after they
Sat Nov 21, 2020, 08:27 PM
Nov 2020

"coughed" in the direction of cops and said they had "the Rona."

Atticus

(15,124 posts)
4. I understood that is not the knowledge of the attacker but the reasonable apprehension of tbe
Sun Nov 22, 2020, 09:08 AM
Nov 2020

attacked person that is determinative---i.e., did the "victim" reasonably believe they were about to be harmed because of the other person's intentional act?

Atticus

(15,124 posts)
6. I found this on illinoislegalaid.org:
Sun Nov 22, 2020, 01:50 PM
Nov 2020

"An assault is committed when someone “engages in conduct which places another in reasonable apprehension of receiving a battery.” It’s a threat—real or implied—of a battery, or a battery in progress."

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