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Sat Nov 21, 2020, 06:59 PM

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, 528 views

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Response to Atticus (Original post)

Sat Nov 21, 2020, 07:26 PM

1. If the cougher knows he has Covid...seems I remember that an AIDS person who deliberately

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

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Response to Atticus (Original post)

Sat Nov 21, 2020, 07:27 PM

2. I ain't no attorney but I recall several instances where people have been charged by cops after they

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

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Response to Atticus (Original post)

Sat Nov 21, 2020, 07:31 PM

3. A 'charge' would likely be upheld only IF cougher KNOWS he/she HAS covid.

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Response to elleng (Reply #3)

Sun Nov 22, 2020, 08:08 AM

4. I understood that is not the knowledge of the attacker but the reasonable apprehension of tbe

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?

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Response to Atticus (Reply #4)

Sun Nov 22, 2020, 12:19 PM

5. It's more closely related to intention of the perpetrator.

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Response to elleng (Reply #5)

Sun Nov 22, 2020, 12:50 PM

6. I found this on illinoislegalaid.org:

"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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