Threatening to Cough on Someone and Give Them COVID Is Criminally Punishable
In State v. Young, decided yesterday by the New Jersey Appellate Division (Judges Mary Gibbons Whipple, Hany Mawla and Morris Smith), defendant was arrested for drunk driving on April 7, 2020.
After officers advised defendant that she was under arrest, she resisted being handcuffed and began screaming profanities at the officers. As she was being placed into a police vehicle, she kicked an officer in the chest. According to the complaint summons, “following the arrest[,] … defendant … repeatedly coughed and verbally threaten[ed] … troopers with being exposed and infected with the COVID-19 virus.” The arresting trooper’s affidavit of probable cause stated: “While being transport[ed] … to the … [s]tation and while processing … defendant, she forcefully coughed and repeatedly [told t]roopers that she would give them the COVID-19 virus.” …
According to a supplemental investigation report filed by a State Police detective, the station commander advised “he was concerned … the squad of [t]roopers who were working during this time period may have to be quarantined due to exposure if [defendant] does have the [COVID-19] virus.” The commander asked the detective “to contact [defendant] to see if she would disclose her [COVID]-19 status ….” When the detective reached defendant and advised her of the purpose of his call,
Article from Reason.com