[HISTORY: Adopted by the County Legislature of the County of Ulster as indicated in article histories. Amendments noted where applicable.]
Article I Throwing, Tossing or Expelling of Bodily Fluids
[Adopted 6-10-2009 by L.L. No. 2-2009]
Section 240.32 of the New York State Penal Law protects correctional officers and certain other public employees who interact with inmates in a state or local correctional facility or a hospital by charging inmates who cause such employees to come into contact with blood, seminal fluid, urine or feces by throwing, tossing or expelling such fluid and material with aggravated harassment, which is a Class E felony.
No provision of New York State law, however, extends this protection to members of the general public. Recently, an Ulster County woman was victimized when another person threw seminal fluid on her. Incredibly, there is no specific state law that would allow the victim's attacker to be charged with a crime.
The purpose of this article is to protect Ulster County residents from such heinous and depraved attacks and from coming into contact with potentially infectious bodily fluids and/or deadly diseases.
A person, which for the purpose of this section means a human being, is guilty of aggravated harassment of another person when, with intent to harass, annoy, threaten or alarm a person, he or she causes or attempts to cause such person to come into contact with blood, seminal fluid, urine or feces by throwing, tossing or expelling such fluid or material.
Any violation of the provisions of this article will be an unclassified "A" misdemeanor, punishable by a prison term not to exceed one year and/or a fine not to exceed $1,000, or both.