Is Spitting on Someone Assault in Texas?

Written by James Chiles, Criminal Defense Attorney | Pantheon Legal Group, PLLC

Spitting on someone might seem minor, but under Texas law, it can result in criminal assault charges. Many people are surprised to learn that an act involving no physical injury can still constitute assault—but Texas Penal Code § 22.01 explicitly criminalizes offensive or provocative contact, even without bodily injury.

This issue made headlines right here in North Texas when Philadelphia Eagles defensive tackle Jalen Carter was ejected from the 2025 season opener at AT&T Stadium after spitting on Cowboys quarterback Dak Prescott. The Irving Police Department responded on social media, clarifying that spitting on a person is a Class C misdemeanor assault under Texas Penal Code § 22.01—a reminder that even conduct occurring during a nationally televised NFL game can trigger criminal liability. As an aside, given that it was during the sports game, he could have been charged with a Class B misdemeanor (more on that below).

As a criminal defense attorney who handles assault cases throughout the Dallas-Fort Worth area, I regularly see clients charged with assault for conduct they never imagined could be criminal. Understanding how Texas assault law actually works—and how spitting fits into that framework—can help you avoid legal trouble and know your rights if you're ever accused.

How Texas Defines Assault Under § 22.01

Texas Penal Code § 22.01 defines assault in several ways. For spitting cases, the relevant provision is:

Offensive or Provocative Contact: A person commits assault if they intentionally or knowingly cause physical contact with another when they know or should reasonably believe the contact will be regarded as offensive or provocative (§ 22.01(a)(3))

This category—offensive or provocative contact—is where spitting typically falls. The statute doesn't require any injury whatsoever. If the contact itself is offensive, that's enough for a criminal charge.

Why Spitting Qualifies as Assault Under Texas Law

Spitting on someone satisfies the elements of § 22.01(a)(3) assault because it involves intentional physical contact that any reasonable person would find offensive. The saliva makes contact with the victim's body, and the act itself—across virtually all cultural contexts—communicates contempt and disrespect.

Texas courts evaluating spitting cases focus on two key elements:

Intent: The prosecution must prove the defendant acted intentionally or knowingly. Accidentally spitting while talking isn't assault. Deliberately spitting in someone's face during an argument almost certainly is. The context matters—were there angry words exchanged? Did the defendant take aim?

Offensive or provocative contact: The contact must be something that the defendant knew or reasonably should have known that the victim would find offensive or provocative. Spitting clears this bar easily. Unlike an incidental brush of shoulders on a crowded sidewalk, spitting carries inherent social meaning that courts recognize as degrading.

Assault Classifications and Penalties in Texas

The penalties for spitting assault depend on the circumstances and who the victim is. Here's how Texas structures these offenses:

Class C Misdemeanor Assault

Under § 22.01(a)(3), offensive contact assault is a Class C misdemeanor—the lowest level criminal offense in Texas. Penalties include a fine up to $500 with no jail time. This is the baseline charge for a simple spitting incident between two adults with no aggravating factors.

Enhanced Penalties for Specific Victims

Texas law imposes harsher penalties when assault is committed against certain protected classes of victims:

Elderly or Disabled Individuals: Under § 22.01(c)(1), offensive contact assault against an elderly individual (65 or older) or disabled individual—as defined by § 22.04—is elevated from a Class C misdemeanor to a Class A misdemeanor. This enhancement applies even when there's no injury—the offensive contact alone triggers the higher classification. Penalties include up to one year in county jail and a fine up to $4,000.

Family or Household Members: Offensive contact assault against a family member, household member, or person with whom the defendant has a dating relationship remains a Class C misdemeanor. However, here's what makes family violence assault-by-contact cases particularly serious: even a Class C misdemeanor conviction with a family violence finding can be used to enhance a future family violence assault to a third-degree felony under § 22.01(b)(2).

Critically, § 22.01(f) defines what counts as a "previous conviction" for enhancement purposes—and it includes deferred adjudication. The statute provides that a defendant has a previous conviction if they "entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the defendant was placed on community supervision." In plain terms: even if you successfully completed deferred adjudication on a Class C assault family violence case and the charge was "dismissed," it still counts as a prior conviction that can elevate a future family violence offense to a felony.

Texas courts have consistently upheld the State's ability to prove the family violence element of prior convictions through extrinsic evidence—meaning prosecutors don't need the prior judgment to explicitly state "family violence." In Goodwin v. State, 91 S.W.3d 912 (Tex. App.—Fort Worth 2002, no pet.), the court held that even when a trial court did not make a family violence finding in a prior assault judgment, the State could use extrinsic evidence in a subsequent prosecution to prove the prior case was a family violence assault. Similarly, Manning v. State, 112 S.W.3d 740 (Tex. App.—Houston [14th Dist.] 2003, pet. ref'd) confirmed that convictions predating the current enhancement statute could still be used for enhancement, and extrinsic evidence could establish the family violence element.

Beyond the criminal penalties, any assault conviction with a family violence finding triggers significant collateral consequences including potential immigration implications.

Sports Participants: Under § 22.01(c)(2), offensive contact assault against a sports participant is elevated from a Class C misdemeanor to a Class B misdemeanor if (1) the actor is not a sports participant, and (2) the offense is committed while the participant is performing duties in their capacity as a sports participant or in retaliation for their performance of those duties. This covers referees, umpires, coaches, and players—so spitting on a referee during a youth soccer game or at a Friday night football game carries enhanced penalties. A Class B misdemeanor is punishable by up to 180 days in county jail and a fine up to $2,000.

Pregnant Individuals: Under § 22.01(c)(3), offensive contact assault committed against a pregnant individual to force the individual to have an abortion is elevated to a Class A misdemeanor, punishable by up to one year in county jail and a fine up to $4,000.

Spitting on Police Officers and Public Servants

Spitting on a police officer or other public servant represents one of the most serious applications of Texas law to this conduct. Texas has two separate statutes that can apply:

Harassment of Public Servant Under § 22.11

Texas Penal Code § 22.11 specifically addresses causing a public servant to contact bodily fluids. Under § 22.11(a)(3), a person commits an offense if, with the intent to assault, harass, or alarm, they cause another person they know to be a public servant to contact their saliva while the public servant is lawfully discharging an official duty.

This offense is a third-degree felony, punishable by 2-10 years in prison and a fine up to $10,000.

The statute creates a presumption: if the public servant was wearing a distinctive uniform or badge indicating their employment, the defendant is presumed to have known they were a public servant (§ 22.11(e)). This means spitting on a uniformed police officer virtually eliminates any "I didn't know they were a cop" defense.

Public servants under this statute include police officers, firefighters, EMTs, judges, prosecutors, and other government employees performing official duties.

Defenses to Spitting Assault Charges

If you're charged with assault for spitting, several defenses may apply depending on the facts:

Lack of Intent: If the spitting was truly accidental—you coughed, sneezed, or were speaking animatedly and saliva inadvertently contacted someone—you haven't committed assault under § 22.01(a)(3). The statute requires intentional or knowing conduct.

No Offensive Contact: The prosecution must prove that there was contact, and that the defendant should have known the contact would have been offensive or provocative. While this is typically straightforward with spitting, unusual circumstances might create reasonable doubt about whether the contact was perceived as offensive, or whether the spit actually made contact.

Insufficient Evidence: The state bears the burden of proving every element beyond a reasonable doubt. If there's no video evidence, conflicting witness accounts, or questions about identification, the case may be defensible on evidentiary grounds.

What to Do If You're Accused of Spitting Assault

If you're facing assault charges for spitting in Texas, take these steps:

Exercise your right to remain silent. Anything you say to police can and will be used against you. Politely decline to answer questions beyond basic identifying information and ask for an attorney.

Document what happened. Write down everything you remember about the incident as soon as possible—what led up to it, who was present, what was said, and any witnesses who might support your version of events.

Don't discuss the case on social media. Prosecutors and investigators routinely check defendants' social media accounts. Any posts about the incident can be used as evidence.

Consult with a criminal defense attorney immediately. An experienced defense lawyer can evaluate the evidence, identify potential defenses, and protect your rights throughout the process. Early intervention often produces the best outcomes.

Frequently Asked Questions

Is spitting always assault in Texas? Not always—context and intent matter. Accidental spitting isn't assault because § 22.01(a)(3) requires intentional or knowing conduct. But deliberate spitting on another person will almost always qualify as offensive contact assault.

What's the typical penalty for spitting on someone in Texas? A basic spitting assault with no aggravating factors is a Class C misdemeanor punishable by up to a $500 fine. However, if the victim is an elderly or disabled individual, the offense becomes a Class A misdemeanor under § 22.01(c)(1). If the victim is a sports participant and you're not (like spitting on a referee), it's a Class B misdemeanor under § 22.01(c)(2). If the victim is a family member, it's still a Class C misdemeanor—but that conviction can enhance future family violence offenses to felonies. If the victim is a public servant, you could face third-degree felony charges under § 22.11.

Can spitting on someone be a felony in Texas? Yes. Spitting on a public servant (like a police officer) while they're discharging official duties is a third-degree felony under § 22.11(a)(3), punishable by 2-10 years in prison. Additionally, under § 22.01(f), a prior Class C family violence assault conviction—including deferred adjudication—can enhance a subsequent family violence assault to a third-degree felony. Texas courts have confirmed this in cases like Goodwin v. State, 91 S.W.3d 912 (Tex. App.—Fort Worth 2002), which allowed extrinsic evidence to prove the family violence element of prior convictions for enhancement purposes.

What if I was provoked into spitting? Provocation is generally not a defense to assault in Texas. Even if someone insulted you or made you angry, spitting on them remains a criminal offense. However, if you were physically attacked first, self-defense under § 9.31 might apply.

Does the prosecution need to prove the victim was actually offended? Not exactly. The standard under § 22.01(a)(3) is whether the defendant knew or should reasonably have believed the contact would be offensive or provocative. With spitting, this element is almost always satisfied regardless of the victim's subjective reaction.

What's the difference between assault and harassment of a public servant? Assault under § 22.01(a)(3) is a Class C misdemeanor for offensive contact. Harassment of a public servant under § 22.11 specifically criminalizes causing a public servant to contact bodily fluids (including saliva) and is a third-degree felony. Prosecutors can choose which statute to charge under.

Key Takeaways

Spitting on someone in Texas is a criminal offense that can range from a Class C misdemeanor to a third-degree felony depending on the circumstances. Texas Penal Code § 22.01 criminalizes offensive contact without requiring any injury. The consequences escalate substantially based on who the victim is:

• Elderly or disabled individual → Class A misdemeanor (§ 22.01(c)(1))

• Sports participant (if you're not one) → Class B misdemeanor (§ 22.01(c)(2))

• Pregnant individual (to force abortion) → Class A misdemeanor (§ 22.01(c)(3))

• Family or household member → Class C misdemeanor, but a conviction can enhance future family violence offenses to a third-degree felony

• Public servant → Third-degree felony (§ 22.11)

If you're facing assault charges arising from a spitting incident, the specific facts of your case matter enormously. An experienced criminal defense attorney can evaluate the evidence, identify applicable defenses, and work toward the best possible outcome.