# A cough in your face (Legal question)

**URL:** <https://boards.straightdope.com/t/a-cough-in-your-face-legal-question/914435>\
**Category:** In My Humble Opinion\
**Created:** [July 6, 2020, 2:58am UTC](https://boards.straightdope.com/t/a-cough-in-your-face-legal-question/914435 "2020-07-06T02:58:25Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\
**Post date:** [July 6, 2020, 2:58am UTC](https://boards.straightdope.com/t/a-cough-in-your-face-legal-question/914435/1 "2020-07-06T02:58:25Z")

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Suppose Person A (for Asshole not wearing a mask) deliberately coughs or spits in Person B’s (who is wearing a mask) face. So, to discourage Person A from repeating this action, Person B gives Person A a 5 - 10 second shot of pepper spray in his face. What sort of action might a prosecutor or law enforcement take against Person B?

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**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\
**Post date:** [July 6, 2020, 6:19am UTC](https://boards.straightdope.com/t/a-cough-in-your-face-legal-question/914435/2 "2020-07-06T06:19:23Z")

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Depends on the laws in force in the jurisdiction concerned.

In England and Wales both might be had up for common assault. I highly doubt that pepper spray would be considered a proportionate use of force, depending on the factual circumstances.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [July 6, 2020, 6:33am UTC](https://boards.straightdope.com/t/a-cough-in-your-face-legal-question/914435/3 "2020-07-06T06:33:42Z")

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IANAL or anything legal but weren’t there some cases of people recklessly or perhaps on purpose trying to infect partners with HIV, a few years ago.  
That could provide precedent, it seems.