As if West Virginia hasn't already embarrassed itself with the friction that has developed between Masonic factions, with brother suing brother, today the state is in the headlines over an "offended" South Charleston police officer who has charged a drunk driver he was fingerprinting with the crime of battery, for "passing gas on" him.Yep. Farting is now considered battery.
From Law.com:
batteryImage: Jose Cruz, the alleged Farting Terrorist
n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."
West Virginia | Farting Terrorist | Jose Cruz | Burning Taper | BurningTaper.com
JUST IMAGINE HOW MUCH BATTERY I WAS SUBJECTED TO IN LODGE ALONE!
ReplyDeleteThe alleged battery in this case is criminal battery which is different than the Tort of Assault and/or Battery.
ReplyDeleteAccording to West Virginia Code §61-2-10b
(c)Battery:
"Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer ... acting in his or her official capacity, ... is guilty of a misdemeanor." Also, according to WVC, if he were charged and convicted and farted again at the Cop, he could face felony charges.
Nick
Uh, I've heard everything now. I think the DA is trying to get a headline. This is a waste of the court's time.
ReplyDeleteUnless the Defendant's posterior physically touched the police officer or he positioned his posterior in the police officer's direction in an attempt to touch him with his posterior (assault), then I don't see the merits of the charge for battery unless the Prosecutor is going to argue that the gaseous molecules touched the police officer. In any event, the Defendant's attorney will argue that it was an unintentional discharge caused by a normal and unavoidable biological function. They'll even bring in medical experts to state that there are instances where these biological functions cannot be controlled, especially if someone is intoxicated.
As predicted, this battery charge was ushered through the legal colon and evacuated, err, dismissed.
ReplyDelete