ILLINOIS (NEXSTAR) – Most people know assault is a serious crime in Illinois, but what they might not know is whether spitting on someone is considered assault.

Illinois law states an assault is “knowingly engaging in conduct which places another in reasonable apprehension of receiving a battery.”

By that definition, spitting would not necessarily count as assault in the state. So would spitting on someone be considered battery?

Looking at the law again, battery is “knowingly and without legal justification, making physical contact of an insulting or provoking nature.”

Spitting on someone would count as making physical contact of an insulting or provoking nature, so the act would qualify as a battery in Illinois.

Additionally, the act is a Class A misdemeanor. Anyone convicted of the crime could face up to a year in jail and fines of up to $2,500.

People who are spit on by another person can take legal action.