Jalen Carter, Dak Prescott incident: What Texas law says about spitting
The NFL season opener between the Philadelphia Eagles and Dallas Cowboys took a turn just seconds into the game when Eagles defensive tackle Jalen Carter seemingly spit on Cowboys quarterback Dak Prescott.
The act drew a flag for unsportsmanlike conduct, and Carter was ejected in what officials called a “non-football act.” Prescott pointed to the referee immediately after the spit hit his jersey, sparking a heated moment between the rivals.
Carter later apologized, calling it “a mistake” and promising it wouldn’t happen again.
But while fans debated whether it was an accident or intentional, Irving police used the moment to remind Texans that spitting on someone is more than just bad sportsmanship — it can be a crime.
Here’s what to know about the law.
What Texas law says about spitting on someone
Under Texas Penal Code Title 5, Section 22.01, spitting is classified as assault if it’s considered “offensive or provocative contact.”
Unlike the common perception that assault requires hitting or causing injury, the law says even an act meant only to offend, like spitting, can be enough to trigger a charge.
The most common charge is a Class C misdemeanor, punishable by a fine of up to $500.
While jail time isn’t usually attached, a conviction still creates a criminal record that could affect employment, housing, and licensing opportunities. The NFL does not plan to suspend Carter for his actions, according to a USA Today report.
Can spitting lead to more serious charges?
Yes, If the spit targets a public servant, such as a police officer, the charge can escalate to a third-degree felony which is punishable by up to 10 years in prison.
If the spit is tied to an infectious disease — such as hepatitis, TB, or COVID-19 — it can be considered a greater threat and result in harsher penalties.
Similarly, if prosecutors argue the act was aggravated or targeted at certain protected individuals, charges can be upgraded to a Class A misdemeanor, with possible jail time up to a year and fines up to $4,000. The charge could also include community service, probation or educational programs.
Are there defenses?
Texas legal experts note that defenses depend on the facts of the case. Common ones include:
- The spit was accidental, not intentional.
- The defendant lacked intent to provoke or offend.
- The wrong person was accused.
- Police procedure or constitutional rights were violated during the arrest.
