I recently came across a disgusting story where three high school freshman boys were arrested for secretly slipping their home economics teacher some bodily fluids, hidden in the frosting of a class pastry project. According to the news report, the teacher noticed something wrong with the frosting and another student came forward after over-hearing the boys discussing the plot. It seems that upon investigation, two of the boys admitted to adding their semen to the frosting, while the third decided not to participate. The boys were arrested and charged with Disturbing the Peace, a criminal charge in another state. This made me wonder, could a criminal charge follow this act if it had occurred in Greeley, Erie, or Evans, Colorado? Let’s look at a few statutes to see if any can apply.
Weld County 3rd Degree Assault Lawyer: Is Feeding Someone Semen Frosting an Assault?
The Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 – is:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
Interestingly enough, this type of issue is addressed in this statute. However, it only applies when law enforcement or emergency medical personnel are the intended victims. In the situation with the teacher, there would have had to have been some bodily injury involved to charge Third Degree Assault – which is not the case. So, if this had occurred in Weld, Morgan, and Logan County, 3rd Degree Assault would not apply.
Greeley Disorderly Conduct Lawyer: Colorado’s Disturbing the Peace Charge
While Colorado does not have a Disturbing the Peace statute written into the law, a similar statute we do have is Disorderly Conduct. The boys from the story above were charged with Disturbing the Peace. So, would the Disorderly Conduct charge apply? The Colorado law definition of Disorderly Conduct – C.R.S. 19-9-106 – is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
Based on the definition above, the boys’ conduct would not meet the elements of the Colorado Disorderly Conduct statute, meaning this crime wouldn’t apply either. Most likely, if this had occurred in Greeley or Weld County, the boys would be facing some serious penalties from the school, maybe even expulsion, but criminally, it doesn’t seem like there is much that could be done. The Greeley police or the Weld County DA’s office may try to make something apply, maybe even a sex offense because of the type of bodily fluid involved, but it would definitely be a stretch because at face value, no Colorado statute seems to address this situation.
If you or someone you love has been charged with the Greeley / Weld County Third Degree Assault or Disorderly Conduct, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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