The seriousness of the offense ranges from a Class D to Class A felony depending upon whether the person committing the act has a communicable disease and whether the disease was transmitted to the other person.
Indiana prisoners have been notified by DOC memo that "any offender who throws bodily fluids or waste on staff shall be considered to have committed this act." The memo also states that "this action may be referred to the local Prosecutor to file criminal charges."
It will be interesting to note if or how this law may be abused by law enforcement officials (and prison guards) who may use it as a tool to further repress "trouble makers." When a guard/cop knocks a prisoner/citizen to the ground, cracks his/her head open with a metal baton; would the bleeding victim be knowingly or intentionally in a rude, insolent, or angry manner placing blood on the guard/cop by shaking their head in a struggle to avoid more blows? There are plenty of guard/cop types who would classify such behavior as 'rude and insolent."
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