Is This a Criminal Act?

[PatriotGrrrl]

Just because someone’s not likely to get convicted of something doesn’t mean they can’t be arrested for it. Spending even a few hours in a cell before their arraignment might be a bit of a wake up call even if they don’t end up being prosecuted.

[Loach]

@Miss_Violaceous

This one is from the Code of Virginia:

§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty.

Any person who adulterates or causes to be adulterated any food, drink, prescription or over-the-counter medicine, cosmetic or other substance with the intent to kill or injure any individual who ingests, inhales or uses such substance shall be guilty of a Class 3 felony.

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As for the intent issue, depending on the jurisdiction and statute, sometimes “criminal negligence” or some variation on that will do. As has been previously stated, with the prominence and amount of information that’s out there regarding food allergies, particularly peanut allergies, I think that a case for criminal negligence could be made out of the above scenario.

What if you tried to play a practical joke on your friend by gunning your car towards them and turning away at the last second, except that, um, you aren’t quite as quick as you thought you were? What if you wanted to scare your friend by pointing a gun at their head and… whoops? In each of these cases, you didn’t mean to hurt them, only to scare them, but what you did to accomplish that scaring was so reckless and mind-bogglingly obtuse with regard to the level of danger you were creating that it can constitute a crime in many places.

The Virginia law above looks like it requires a higher level of intent. However, it wouldn’t surprise me if, given the level of attention that has been paid to food allergies in recent years, we start seeing criminal negligence type laws targeting this kind of “pranking” of people with dangerous food allergies. Especially if someone dies from it and it makes national news (or has this happened already?)

I still would say that without the intent to kill or seriously harm someone there certainly is an intent to harrass. Harrassment is usually a low level crime in most areas but I would say that the answer to the OP is “yes it is a criminal act”. Also it could be the basis for a civil lawsuit.

[diggleblop]

It certainly warrants an ass whooping, I DO know that !

[greatshakes]

@Washoe

Go on, I’m listening…

For example, if the person drinking a cup of strong Starbucks Italian blend, and you empty a .45 into him, he won’t know that he’s the victim of a fine joke!