HOUSTON (NEXSTAR) – Most people know assault is a serious crime in Texas, but what they might not know is whether spitting on someone is considered assault.

An assault can take many forms, including bar fights and even threats. In fact, Texas law recognizes spitting on someone as a crime, since an assault is classified as:

  • intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse
  • intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse
  • intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Spitting on someone would qualify for the last subsection of the penal code. That means those found guilty of the crime can be charged with a Class C misdemeanor assault, which carries a fine of up to $500.

In other words, you can definitely take legal action against someone who spits on you in Texas.