I have read many stories about the crazy ways people try to avoid getting arrested, but, to date, this one takes the cake. According to the news report, a woman had been involved in a fight and police arrived on scene. She was less than enthusiastic about their presence and started threatening to hit the officer with her tampon. This threat apparently did not dissuade the officer from doing his job, so the woman removed the tampon from her body and proceeded to throw it at the officer. The used feminine hygiene product hit the police officer in the shoulder and the woman was subsequently tased and arrested. If this had occurred in Fort Collins, Loveland, or Estes Park, the woman would be facing either a 3rd Degree Assault on a Police Officer or a 2nd Degree Assault on a Peace Officer charge. Let’s look at these two charges, as they relate to law enforcement.
Larimer County Assault in the Second Degree Attorney: What is the Definition of Second Degree Assault on a Peace Officer?
There are numerous subsections under the 2nd Degree Assault statue which describe the various circumstances under which a person can be charged with Assault in the Second Degree. The subsection that would relate to this case, or a case similar would be section (h). The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(1)(h) – is:
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid
The important part of this statute is ‘intent.’ While it is very difficult to determine a person’s intent, as that is most commonly an internal motivation and not one that can be easily seen from an outside perspective, Larimer, Boulder, and Grand County DAs will posture as to what a person’s intent may be. In this case, if the DA decided that the woman’s intent was to infect, injure or harm the officer, she would be facing this class 4 felony crime.
Fort Collins Third Degree Assault on a Police Officer Attorney: What is the Definition of Assault in the Third Degree?
The Colorado law definition of Assault in the 3rd 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.
Obviously, part (b) is what would be considered in this situation. Much like with the 2nd Degree Assault charge, intent plays a role in this crime as well. If the DA decides the woman’s intent in throwing her tampon was to harass, annoy, threaten, or alarm the officer, then the lesser class 1 misdemeanor charge of 3rd Degree Assault would apply.