ROCKFORD, Ill. (WTVO) — Assault is a serious crime under Illinois law. But is spitting on someone considered assault?

According to Illinois law, spitting on someone is considered a form of “simple battery”, which is defined by 720 ILCS 5/12-3 as “Knowingly and without legal justification making physical contact of an insulting or provoking nature.”

According to Callahan & Hockemeyer, P.C., many people do not realize that “insulting or provoking” physical contact that does not cause bodily harm is considered a crime.

Simple battery is a Class A misdemeanor and carries a penalty of up to 1 year in jail and a $2,500 fine.

Misdemeanor battery can be upgraded to aggravated battery if the other person is injured, is a child, elderly, disabled, pregnant, a teacher, a police officer, a transit employee or passenger, or a taxi driver.

In Wood Dale, Illinois, it is illegal to spit on the sidewalk or the floor or walls of any public place.