QUESTION
Is it legal to blow cigarette smoke* in someone's face if you know they're asthmatic and may die or be hospitalized because of it?
Asked on Aug 27th, 2013 on Criminal Law - Illinois
More details to this question:
What if they don't need to be hospitalized, but have to take a rescue inhaler? Furthermore, is it legal if you don't know whether or not it will harm the other person? Is either situation not a criminal offense, but a tort? How bad must an asthmatic or anaphylactic reaction be for a criminal or civil case? *This situation isn't horseplay gone wrong. It's an attack intended to bother, anger, or harm someone.
1 ANSWER
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A matter can be a tort and a criminal offense simultaneously. The difference is who is bringing the charges. In a criminal matter, the issue is whether you deliberately made contact of an insulting or provoking manner, not whether you knew what kind of harm would result. Smoke is generally viewed as particle matter, and therefore counts as physical contact.
Answered on Sep 16th, 2013 at 11:53 AM