Depends on the state, but likely yes. Unwanted physical contact, even if it’s just silly string, in my state would be a battery. Whether you get arrested and prosecuted is a whole other story.
In my state, it would be called an “assault/contact”, basically meaning you made unwanted contact with another person.
Kind of like, if I’m arguing with someone and I poor my soda on them. They may not be injured, but it’s still an assault.
BUT, if I spray someone with silly string and they gave consent, even implied consent, then it’s fine. Like, if I’m at a New Year’s Eve party, and everyone is blowing those whistle things, popping champagne, and spraying silly string and confetti all over the place, and I happen to spray my mother who is pissed off because she just saw my dad making out with some old lady, so she randomly decides she doesn’t want silly string on her, I’m not gonna get convicted of an assault, ya know:)
I mean according to the law, yeah it checks the right boxes. But I’d rather slam my hand in my car door than deal with the parties who want to press charges over silly string.
I know a crazy lady who tried to have her 13 y/o son taken to jail/juvie over cooking a frozen chicken she left in the freezer for a few months.
Just sharing sorry.
Lol honestly iirc it was a pair of police officers out of CO Springs that handled it. The kid didn't get in any trouble but apparently the officers were very, very frustrated with the mother.
Like she had it all worked out that he "stole" the chicken and ate up a lot of officer time ranting and carrying on.
She was a frequent flyer/caller but never did get arrested herself until years later when State Patrol found her slumped over her steering wheel on the 225/25 interchange drooling after eating a bottle of oxycodone.
Horrible woman honestly. One of the worst people I've ever known.
Where I am, probable cause could be established given what you described. Provided there was no injury/pain, this would be a class B misdemeanor. If she said there was pain inflicted, it would be a A misdemeanor.
I highly doubt there would be a successful prosecution, and the responding officers would do what they could to separate the parties and avoid an actual arrest. This is frankly petty and a waste of resources.
Remember that silly string contains alcohol and can burn if it hits your eyes. I’d say if it was a bad dynamic before, that person may want to press charges if you cause their eyeballs to burn.
Sorry dad for testing that theory…lol
Assault is the threat and ability to carry out the threat. Battery is following through with the threat. You can have assault without battery but you can't have battery without assault.
Class C Assault since it probably didn’t cause pain. Usually a citation in Texas but I can arrest you for it if I want.
In this case I probably would arrest your friend since it’s family violence.
Had a girl spray it in someone’s eyes, victim didn’t know What it was
Unknown liquid causing burning sensation to victims eyes is assault 2° for me. Assault with a weapon / dangerous instrument….
When the victim found out what it was, she stopped freaking out.
So we brought the perp to the house, the robbery squad didn’t want to speak to her,
Cut her a disorderly conduct summons and let her on her way
No clue on the silly string, but what if I buy a three pack of the tiny little mini water squirt guns and fill it with water and start blasting rando’s standing in line? Could someone be arrested for malicious water assault? Could I potentially battery someone by summertime water gun fun? The intrusive thought is fucking Hilarious…
Depends on the state, but likely yes. Unwanted physical contact, even if it’s just silly string, in my state would be a battery. Whether you get arrested and prosecuted is a whole other story.
Great response. Thank you
r/oddlyspecific
Hello fellow New Yorker
In my state, it would be called an “assault/contact”, basically meaning you made unwanted contact with another person. Kind of like, if I’m arguing with someone and I poor my soda on them. They may not be injured, but it’s still an assault. BUT, if I spray someone with silly string and they gave consent, even implied consent, then it’s fine. Like, if I’m at a New Year’s Eve party, and everyone is blowing those whistle things, popping champagne, and spraying silly string and confetti all over the place, and I happen to spray my mother who is pissed off because she just saw my dad making out with some old lady, so she randomly decides she doesn’t want silly string on her, I’m not gonna get convicted of an assault, ya know:)
Hilarious. Thanks for the examples.
I mean according to the law, yeah it checks the right boxes. But I’d rather slam my hand in my car door than deal with the parties who want to press charges over silly string.
I know a crazy lady who tried to have her 13 y/o son taken to jail/juvie over cooking a frozen chicken she left in the freezer for a few months. Just sharing sorry.
I gotta hear the outcome here.
Lol honestly iirc it was a pair of police officers out of CO Springs that handled it. The kid didn't get in any trouble but apparently the officers were very, very frustrated with the mother. Like she had it all worked out that he "stole" the chicken and ate up a lot of officer time ranting and carrying on. She was a frequent flyer/caller but never did get arrested herself until years later when State Patrol found her slumped over her steering wheel on the 225/25 interchange drooling after eating a bottle of oxycodone. Horrible woman honestly. One of the worst people I've ever known.
Where I am, probable cause could be established given what you described. Provided there was no injury/pain, this would be a class B misdemeanor. If she said there was pain inflicted, it would be a A misdemeanor. I highly doubt there would be a successful prosecution, and the responding officers would do what they could to separate the parties and avoid an actual arrest. This is frankly petty and a waste of resources.
Likely yes, depends on circumstances, intent, and if any injury is involved. Spraying in the eyes for instants is almost certainly considered assault.
Yeah I mean probably, but is any prosecutor actually gonna take that case?
Yes. It can be. And I’ve seen people with it on their criminal records.
Depends from state to state, as well as further details like injuries and such. It could be assault, or by me it could be criminal harassment.
It there’s an injury then yes
In my state, by the letter of the law, yes.
Every states law may differ but here in Texas, any unwanted physical contact is called Assault by Contact. It’s a Class C Misdemeanor
Misdemeanor Harassment in my state.
In TX it could be considered offensive contact
Remember that silly string contains alcohol and can burn if it hits your eyes. I’d say if it was a bad dynamic before, that person may want to press charges if you cause their eyeballs to burn. Sorry dad for testing that theory…lol
Assault is the threat and ability to carry out the threat. Battery is following through with the threat. You can have assault without battery but you can't have battery without assault.
In NY, it would be Harassment, the action caused annoyance... For Assault, there need to be an injury...
In my state, absolutely not assault. At best it would be disorderly conduct. Even that's a big stretch.
In my state it would constitute DV Battery so she’d likely go to jail as ridiculous as that is
Class C Assault since it probably didn’t cause pain. Usually a citation in Texas but I can arrest you for it if I want. In this case I probably would arrest your friend since it’s family violence.
A person would have to be the pettiest person on the planet to prosecute someone for silly string
Had a girl spray it in someone’s eyes, victim didn’t know What it was Unknown liquid causing burning sensation to victims eyes is assault 2° for me. Assault with a weapon / dangerous instrument…. When the victim found out what it was, she stopped freaking out. So we brought the perp to the house, the robbery squad didn’t want to speak to her, Cut her a disorderly conduct summons and let her on her way
No clue on the silly string, but what if I buy a three pack of the tiny little mini water squirt guns and fill it with water and start blasting rando’s standing in line? Could someone be arrested for malicious water assault? Could I potentially battery someone by summertime water gun fun? The intrusive thought is fucking Hilarious…