Legal Question: Covid 19 and Article 35

[maverick52]

Was thinking through a legal question today. I noticed I read somewhere that someone who had coronavirus coughed on someone on purpose and he was arrested for attempted murder. so here is the scenario in question:

Suppose someone is sick and possibly infected with coronavirus and they come too close to you after you tell them to back off - and even go as far as to cough on you on purpose- would that be considered using deadly force and justify self defense?

Just want to put it out there and see what you guys think

 

[Darth]

I don't think you should shoot people that cough on you.

 

[Blimey]

I'd say if contraction odds were 100% and lethality was 100% you'd have a justifiable defense with this.

But since one cough is unlikely to result in you catching it and also odds of you dying from it a low single digits you'd be hard pressed.

 

[MothMan]

Did the covid person prevent you from retreating?

 

[MothMan]

Think I would kick them in the nuts or gash and leave it at that.

 

[togmaster]

Give everyone a choice. 6 feet away or 6 feet under.

 

[Marine Cpl]

How do you know the person is infected? One, just coughing could just be a cold and two even if they were infected, it’s just a flu. Just coming near while you are standing in line isn’t reason. You can walk away. But if they said that they have it and want to deliberately infect you as you walk away and charge you coughing, then yes but that is extremely far fetched. Not just extremely but super extremely.

 

[GOYABEAN]

Be careful you might get someone pregnant

 

[pjzwtl]

Bleeding from the eyes with Ebola Yea ...COVID no

 

[Airborneguy]

Come on man.

 

[cgrutt]

So did you reasonably believe the aggressor was about to use or did use deadly physical force on you before you shot him? Yeah, good luck with that...

 

[BDinPutnam]

What is this, Florida?

 

[GOPerfect]

Absolutely NOT> Do not shoot a person because he coughed on you. Covid 19 or not infected. You will lose, you will go to jail. You will be arraigned, tried, convicted and spend many, many years in Prison.

 

[Depick]

Way too many variables involved. You’d likely end up in prison for quite a while.

 

[maverick52]

Okay. I was being purely hypothetical. I clearly am not going to shoot someone who coughs on me. Do

Absolutely NOT> Do not shoot a person because he coughed on you. Covid 19 or not infected. You will lose, you will go to jail. You will be arraigned, tried, convicted and spend many, many years in Prison.

yep. I know that. Just throwing a hypothetical out there.

 

[maverick52]

Think I would kick them in the nuts or gash and leave it at that.

Like your approach!

 

[GOPerfect]

Okay. I was being purely hypothetical. I clearly am not going to shoot someone who coughs on me. Do

yep. I know that. Just throwing a hypothetical out there.

I know that. I actually like and enjoy these types of hypothetical questions, gets people thinking.

 

[GOYABEAN]

Okay. I was being purely hypothetical. I clearly am not going to shoot someone who coughs on me. Do

yep. I know that. Just throwing a hypothetical out there.

Well in case you ever decide to make sure there's no video surveillance and you carry a untraceable drop piece you know one of those ghost guns

 

[maverick52]

Okay. I reworded my scenario. Some of you all may have got the wrong idea about me. I’m not asking for myself. I am only asking the question as a hypothetical- If someone does cough on you on purpose, couldn’t their intention be to use their infection as a deadly weapon? This is considering they know and you know they have coronavirus? LEO...would you arrest someone who knowingly had Covid 19 and coughed purposely on you? If so what would they be charged with?

 

[BDinPutnam]

DOJ is apparently saying that being a douche and intentionally coughing on someone and telling them you have C19 is a "terroristic threat."

What does PC 35 say about that? I have no idea. Just throwing it out there.

 

[Jmac00]

not to worry, after he coughs on me, he will be holding a knife, Im almost positive of it

 

[GOYABEAN]

not to worry, after he coughs on me, he will be holding a knife, Im almost positive of it

Or at least a wrist rocket

 

[E the massive]

Hell yeah!!!!! Empty the fucking mag!!

 

[FrankenCub]

I wouldn't shoot someone for that but positively break their fuckin jaw!

 

[SomeSoldier]

I believe you would be arrested tried and jailed without question but then how are cops justified for arresting someone for attempted murder. It cant go both ways.

 

[Jmac00]

I believe you would be arrested tried and jailed without question but then how are cops justified for arresting someone for attempted murder. It cant go both ways.

wasn't some guy just arrested for "making terrorist threats" when he claimed to have CoVid-19, and then licked a bunch of packages at a store??? and then posted it to FB, (freak'n idiot)

 

[maverick52]

wasn't some guy just arrested for "making terrorist threats" when he claimed to have CoVid-19, and then licked a bunch of packages at a store??? and then posted it to FB, (freak'n idiot)

Exactly. Idiotic but arrested and charged with serious charges.

 

[BMF JK]

Now if someone with HIV tried to rape you by all means blast away !
A covid cough certainly not .

 

[Drinkthekoolaid]

In all honesty I would hate to be a juror on that trial.

Rape is a justified use of lethal self defense.

Coughing deliberately on someone during a pandemic is messed up and I would hate to see how lawyers twist that shit

 

[Dr. Evil]

Good thing in NY you are only allowed 10 coughs.