During an argument, one man spit on another, landing spittle on his shirt. What crime occurred?

• A. Assault
• B. Battery
• C. Harassment
• D. No crime

Answer: (B)

The key idea here is that battery covers intentional physical contact that is harmful or offensive, even if no serious injury results. Spitting on someone during an argument is exactly that: an intentional act of touching another person in a manner that is unwanted and offensive. The act creates unlawful contact, so it fits the definition of battery.

Assault, by contrast, involves causing someone to fear imminent harmful contact or making an attempt to harm, which isn’t the situation here since the contact actually occurred. Harassment usually involves ongoing, repetitive behavior or conduct that alarms or annoys, not a single act of spitting. So the act is best labeled as battery.