Laws against OCing people in Georgia?

[Danny]

Anyone know the laws, or what section OC spraying someone under non-self defense situations? Some fuck stick was yelling at me and driving like a mad man today, few stop lights later i pulled up right next to him with my window down and stared at him. He looked over and then looked straight, so i didnt do anything. Ya i could have yelled and cussed at him back, but thats not really my personality.

I was going to spray him if he said something aggressive, or got out of his car yelling, but he didnt when i got up next to him. I know that would have been justified. But my question is, what if i would have sprayed him while he was in his car and not yelling at me (not at the moment at least), ie for revenge

I know OC is below punching someone, so i shouldnt get a battery charge. So what would the charge be?

Ya kind of a random story, but it got me wondering how the law reads on this. Ill try to search nexis tonight to see if i find anything. Allthough i am sure that dont favor revenge of any type hahaha.

Ps. He was an obama supporter, with license plate GB LOVE lol green accord.. Good stuff right there, lol. Oh and he wears two driving gloves lol.

[SiRed94]

Forget spraying. Pull out the M4 with M203 attached and launch a tear gas grenade into his car.

[Danny]

Forget spraying. Pull out the M4 with M203 attached and launch a tear gas grenade into his car.

excellent point. DOnt have a 203 though on my m4. Will have to do something about that

Tear gas and OC should do the trick. I may get in big trouble for the whippin out the m4 in middle of traffic lol.

[Truegiant]

I could sign you one out of our arms room. But its going to cost you big time, haha.

http://www.besafeandsecure.com/index...per_Spray_Laws

Neat info.. But nothing about when and how to use. I have been sprayed and gone through CS training. THEY BOTH SUCK

[Danny]

I could sign you one out of our arms room. But its going to cost you big time, haha.

http://www.besafeandsecure.com/index...per_Spray_Laws

Neat info.. But nothing about when and how to use. I have been sprayed and gone through CS training. THEY BOTH SUCK

Thanks man. I havent been by either. I have tasted OC, and cant imagine how much it would hurt to have in your lungs and all over your face. I would like to set up a time to get sprayed, I just need to man up and do it. My sister is dieing to spray me for fun

[Truegiant]

Thanks man. I havent been by either. I have tasted OC, and cant imagine how much it would hurt to have in your lungs and all over your face. I would like to set up a time to get sprayed, I just need to man up and do it. My sister is dieing to spray me for fun

The main reason for training with oc, cs, pepper, etc is to train like you fight. If a cop sprays a person and the overspray gets on him he needs to know how to react. He needs to be able to fight through it and stay calm. I cannot tell you how many people/soldier/cops I have seen get sprayed and cry like little bitches. You have to keep going through it until you can handle the reaction/pain/problems that come with it.

Plus you get to know how the suck feels and when to properly use it during an escalation of force.

[Jaimecbr900]

If he's not a threat, then you'd likely be charged with something like battery. If yall were yelling at each other, you could be charged with assault and battery possibly.

Personally, I don't see where it's justified if you'd done that w/o him getting out of the car and approaching you.

BTW, you know that ironically enough TODAY most LEO agencies are out in full force looking for just this situation, aggressive drivers/speeders/tail gaiters???? All you had to do is call 911 and I'm sure they would've been there quick. Matter of fact, I saw a news crew on 285 in Dekalb Co. filming a couple of patrol cars pulling people over left and right.

[deathrex]

i believe spraying someone with OC in a non-self defense situation would constitute assault if not battery as well. But honestly if he were to get out of his car after yelling at you in any way yeah he poses a threat. And if in fear for your life you can use necessary force to stop that threat. But a dead man cant tell a different story if you ask me. Spray his ass then drive off not like hed be able to see your tags anyways haha

[Danny]

Well assault in GA is verbal, and battery is physical. SO i am sure OC is inbetween somewhere.

Drive by spraying hahaha

[deathrex]

we were drunk one night and my buddys room mate sprayed him with it. he broke walls and shit haha. ive been sprayed a couple of times when i was younger being an idiot. it hurts like hell.

[Truegiant]

I can honestly say that I think the spraying sucked way worse than getting tazed. The only sucky thing about getting tazed was getting the barbs pulled out. The initial hit from the shock sucks but the long lasting effects from the spray are way worse. CS gas chamber I have been through like 5 times. It sucks everytime. The only part that is really bad is the feeling of not being able to breath. You can breath with it, its just really difficult. Imagine the feeling when you get the wind knocked out of you, and then having to chug some super hot sauce and your mouth and face is on fire. I will never forget in basic one of the guys had to dry shave every two hours for like 4 days for forgetting to shave before formation. We went to the gas chamber and he was sucking super bad style. The CS gets in your pours and is just plain miserable.

[speedminded]

...I will never forget in basic one of the guys had to dry shave every two hours for like 4 days for forgetting to shave before formation. We went to the gas chamber and he was sucking super bad style. The CS gets in your pours and is just plain miserable.

oh god. I've gotten the spray on me while working outside with a shirt off in the middle of summer, sweaty and all the pores open on my back...it felt like fire ants lol!

[BanginJimmy]

oh god. I've gotten the spray on me while working outside with a shirt off in the middle of summer, sweaty and all the pores open on my back...it felt like fire ants lol!

When I was active duty I did guard duty and had to be sprayed with 10% OC. I was miserable for 2 hours, then it finally became tolerable. I started sweating on the way home though and had to sit on the side of I-75 in horrible pain and nothing to make it feel better.

[speedminded]

When I was active duty I did guard duty and had to be sprayed with 10% OC. I was miserable for 2 hours, then it finally became tolerable. I started sweating on the way home though and had to sit on the side of I-75 in horrible pain and nothing to make it feel better.

I dunno what would be better, a hot or cold shower. A cold shower would close them up and a hot shower would open the pores up which seems like it would flush them out...or push it in deeper lol. Either way it's still miserable lol!

[efman]

I can honestly say that I think the spraying sucked way worse than getting tazed. The only sucky thing about getting tazed was getting the barbs pulled out. The initial hit from the shock sucks but the long lasting effects from the spray are way worse. CS gas chamber I have been through like 5 times. It sucks everytime. The only part that is really bad is the feeling of not being able to breath. You can breath with it, its just really difficult. Imagine the feeling when you get the wind knocked out of you, and then having to chug some super hot sauce and your mouth and face is on fire. I will never forget in basic one of the guys had to dry shave every two hours for like 4 days for forgetting to shave before formation. We went to the gas chamber and he was sucking super bad style. The CS gets in your pours and is just plain miserable.

i have to get oc sprayed next week and i am not looking foward to it at all

[Truegiant]

i have to get oc sprayed next week and i am not looking foward to it at all

Why.. you working at the jail or something?

[Brick]

Self defense; no big deal. Spraying him for "revenge"; simple battery.

[Danny]

Self defense; no big deal. Spraying him for "revenge"; simple battery.

i tend to agree. i have never heard of anything below battery and still harm someone. thanks

[Humphrizzle]

wtf is OC?

[X-Runner]

wtf is OC?

Pepper spray

[Humphrizzle]

why is pepper spray called OC?

[X-Runner]

Google it man... wow.

[Truegiant]

Pepper spray, also known as OC spray (from "Oleoresin Capsicum"), OC gas, and capsicum spray, is a lachrymatory agent (a chemical compound that irritates the eyes to cause tears, pain, and even temporary blindness) that is used in riot control, crowd control, and personal self-defense, including defense against dogs and bears. It is a less lethal agent that may be deadly in rare cases. As of 1995, the American Civil Liberties Union documented 26 individuals subject to police action who died following exposure to pepper spray. In none of these cases was pepper spray listed as the cause of death, but it is unclear whether it may have been a contributing factor in some cases.[1] The active ingredient in pepper spray is capsaicin, which is a chemical derived from the fruit of plants in the Capsicum genus, including chilis. Long-term effects of pepper spray have not been effectively researched.[citation needed]

Extraction of oleoresin capsicum from peppers involves finely ground capsicum, then the capsaicin is extracted in an organic solvent such as ethanol. The solvent is then evaporated, and the remaining waxlike resin is the oleoresin capsicum. An emulsifier such as propylene glycol is used to suspend the OC in water, and pressurized to make it aerosol in pepper spray. The high performance liquid chromatography (HPLC) method is used to measure the amount of capsaicin within pepper sprays. Scoville Heat Units (SHU) are used to measure the concentration or "heat" of pepper spray.

Oleoresin capsicum also is used in foods where the flavor and piquancy are desired without visible pepper specks, or to standardize the Scoville units.[citation needed]

A synthetic analogue of capsaicin, pelargonic acid vanillylamide (desmethyldihydrocapsaicin), is used in another version of pepper spray known as PAVA spray which is used in England. Another synthetic counterpart of pepper spray, pelargonic acid morpholide, was developed and is widely used in Russia. Its effectiveness compared to natural pepper spray is unclear.

Pepper spray typically comes in canisters, which are often small enough to be carried or concealed in a pocket or purse. Pepper spray can also be bought concealed in items such as rings. There are also pepper spray projectiles available, which can be fired from a paintball gun. It has been used for years against demonstrators.

[Danny]

thanks Jamie. You can be justified for spraying someone for alot of reasons. Yelling "im going to kick you ass" from inside a car is plenty of reason to spray someone. Shoot them, no.

Yes, cobb pd on the phone would have been the right thing to do. oh well.

[Brick]

You can be justified for spraying someone for alot of reasons. Yelling "im going to kick you ass" from inside a car is plenty of reason to spray someone.

As far as this goes....not really. Had they gotten out of the car and come towards you sure. Nobody is going to kick your ass when you're each sitting in two different cars and you're going to have a hard time explaining how you were defending yourself spraying through two open windows at a man sitting in a car. To be defending yourself I would say that the other person would have at least had to commit simple assault first. Definition to clarify...

16-5-20. Simple assault


(a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

_________________________________
BTW: I'll take a CS chamber over being sprayed with OC any day of the week.

[Danny]

As far as this goes....not really. Had they gotten out of the car and come towards you sure. Nobody is going to kick your ass when you're each sitting in two different cars and you're going to have a hard time explaining how you were defending yourself spraying through two open windows at a man sitting in a car. To be defending yourself I would say that the other person would have at least had to commit simple assault first. Definition to clarify...

16-5-20. Simple assault


(a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

_________________________________
BTW: I'll take a CS chamber over being sprayed with OC any day of the week.

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

key word reasonable. IE you have to make your point to a jury. If a violent driving person, that then threatens me with violence (although within his car) is plenty of reason to believe its a credible threat. And retaliating with OC spray to prevent further harm to both parties would be acceptable. At least that would be my case.

Have to remember every time you see the word "reasonable" in law code, you are immediately in a huge gray area.

And yes a defense for battery is assault by the other party.

[BanginJimmy]

OC would definitely fall into the battery category. There is no gray area either.

[Danny]

OC would definitely fall into the battery category. There is no gray area either.

I think it MAY be battery, but by no means am i confident that it would be. I know its considered BELOW hitting someone, so where does that leave us. I am reading through code now, and battery isnt really fitting the bill here. Lots of gray area too if you ask me.

[Danny]

OC would definitely fall into the battery category. There is no gray area either.

here is the code i found Jimmy. I would love to see where you getting your facts, links please would be great.

"visible body harm" doesnt really sound like OC spray to me at all.

§ 16-5-23.1. Battery


(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.

(b) As used in this Code section, the term "visible bodily harm" means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.

[SiRed94]

If you want to deal with hostile encounters while driving, just ignore them. But catch their tag numbers with your peripherals, and then have a friend at the DMV look up their home address. Then you wait until nightfall, dress up in all black, strap the night visions on, thread the suppressor onto the USP, cut the power to their house and then infiltrate. You should be able to figure out what to do once you are in. Just be sure to check your corners.

[Brick]

It's simple battery, I promise.

[Brick]

So you'll believe it...

16-5-23. Simple battery


(a) A person commits the offense of simple battery when he or she either:

(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

(2) Intentionally causes physical harm to another.

[Danny]

So you'll believe it...

16-5-23. Simple battery


(a) A person commits the offense of simple battery when he or she either:

(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

(2) Intentionally causes physical harm to another.

For some reason i am still not sold on this. I have been told by several instructors that OC is below hitting someone. I just cant wrap my head around OC being physical harm. TO me harm is something that lasts longer than an hour or two.

I am trying to find a good physical harm definition. Ill post what i find.

Thanks again for your posts bricks, much appreciated man!

[Brick]

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

key word reasonable. IE you have to make your point to a jury. If a violent driving person, that then threatens me with violence (although within his car) is plenty of reason to believe its a credible threat. And retaliating with OC spray to prevent further harm to both parties would be acceptable. At least that would be my case.

Have to remember every time you see the word "reasonable" in law code, you are immediately in a huge gray area.

I have been told by several instructors that OC is below hitting someone. I just cant wrap my head around OC being physical harm. TO me harm is something that lasts longer than an hour or two.

BODILY INJURY - A cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 18 U.S.C.

You have to be able to articulate that you felt you were in immediate danger of receiving physical violence before you are able to take action. You are not going to be able to receive any form of physical violence from a person sitting in a car (unless he decided to spray you first), therefore you are not in immediate danger. It would be a weak case.


OC is "below hitting someone" on the use of force continuum. However, the use of force continuum is not what is used to determine whether simple battery, battery, etc. has occurred. It is for LEO use of force. Bodily harm and injury are the same. Cuts, abrasions, etc. are signs of Battery and are listed under your definition of bodily injury. However, there does not have to be any sign of physical harm for simple battery to apply. Simple battery could be something as silly as pouring water on someone you are in an argument with to provoke them. Using OC on someone would absolutely qualify as making physical contact in an insulting of provoking nature.

[SampaGuy]

A judge could say you tried to kill him because he was driving and could have gotten into an accident. Make him step out of the car first if youre going to do that, lol.

[Danny]

A judge could say you tried to kill him because he was driving and could have gotten into an accident. Make him step out of the car first if youre going to do that, lol.

although funny, i wouldn't spray anyone while they were cruising down the road

[Danny]

Found a definition site that said bodily injury is synonymous with bodily harm, but when i clicked the definition it was a dead link. But i found another website with the below definition. Now if we can tie "bodily harm" to "bodily injury" we will know for sure that its battery. hmmmm. thanks again everyone.

BODILY INJURY - A cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 18 U.S.C.

[Danny]

thanks brick. this is what i was looking for!

good thing, OC is only simple battery. "When in doubt: SPRAY!" still applies. lol

Thanks again man.

[BanginJimmy]

I got my info from the Chief of Police in Villa Rica during a class.

Here is a link from Florida where it did happen.

http://www.tcpalm.com/news/2009/jun/...-mc_pepperbrf/

And here is a case from GA where it was called simple battery

http://www.lawskills.com/case/ga/id/22176/


I dont know anymore.

[Danny]

awesome Jimmy, you da man!