Q: Hello! I’m in NY. Would there be potential for a charge if I splashed water at someone who is being homophobic to me?

A: I'm sorry to hear that you're experiencing homophobic harassment in public. Dealing with such behavior can be extremely distressing, and it's understandable to feel frustrated. I hope the following information helps clarify your situation.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific circumstances not detailed here. For personalized guidance, please consult a qualified attorney licensed in New York.

Potential Legal Implications of Splashing Water on Someone in New York

In New York, splashing water on someone, even in response to verbal harassment, could potentially lead to criminal charges against you. The relevant laws to consider are:

Harassment in the Second Degree (New York Penal Law § 240.26):

Occurs when a person intends to harass, annoy, or alarm another person by subjecting them to physical contact, or attempts or threatens to do so.

Splashing water could be considered physical contact under this statute.

Disorderly Conduct (New York Penal Law § 240.20):

Involves engaging in violent or threatening behavior with the intent to cause public inconvenience, annoyance, or alarm.

Acting out physically in a public setting may fall under this category.

Assault in the Third Degree (New York Penal Law § 120.00):

Although less likely in this scenario, if the action causes physical injury, it could be considered assault.

Self-Defense Considerations

Use of Physical Force:

New York law allows the use of reasonable physical force in self-defense if you believe you're in imminent danger of physical harm. Verbal harassment alone typically does not justify the use of physical force against someone.

Alternative Actions

-Report the Harassment:

Notify law enforcement about the homophobic remarks. Hate speech can be taken seriously, especially if it includes threats.

-Document the Incident:

Keep records of the harassment, including dates, times, and any witnesses, which could be useful if you decide to take legal action.

-Seek Support:

Reach out to local LGBTQ+ organizations for assistance and resources on handling such situations.

Conclusion

While it's understandable to feel compelled to react when faced with homophobic harassment, splashing water on the individual could expose you to criminal charges in New York. It's advisable to avoid physical retaliation and consider reporting the incident to authorities. For legal advice tailored to your specific circumstances, please consult a qualified attorney.

I hope this information is helpful, and I wish you safety and support during this challenging time.