Quoted: I would have to look into it more closely here, but in NY it would not be considered assault because it really doesn't cause injury. If the person hurt himself while under the effects, then you may be charged with it under the negligent clause of assault in the third degree. I'm thinking it would fall under the clause of harassment in the second degree, a non-criminal violation. There may be others that could work though, possibly menacing 4th(?) (the same class A misdemeanor as assault 3rd), or others.
Again, I would have to look it up for more specific charges, but I would say use it for defense ONLY. Using it in any other way would be a bad thing, and would be likely to get you in trouble.
-K
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Herre is something to consider as far as NY goes. NY has the most stringent OC laws in the country.
PL 265.20 states the following:
"14. Possession in accordance with the provisions of this paragraph of
a self-defense spray device as defined herein for the protection of a
person or property and use of such self-defense spray device under
circumstances which would justify the use of physical force pursuant to
article thirty-five of this chapter."
http://caselaw.lp.findlaw.com/nycodes/c82/a68.html
So basically, for you to use OC, you have to be justified in its use according to Article 35, the Justification for Use of Force. Otherwise, what you'll be charged with is:
S 270.05 Unlawfully possessing or selling noxious material.
1. As used in this section, "noxious material" means any container
which contains any drug or other substance capable of generating
offensive, noxious or suffocating fumes, gases or vapors, or capable of
immobilizing a person.
2. A person is guilty of unlawfully possessing noxious material when
he possesses such material under circumstances evincing an intent to use
it or to cause it to be used to inflict physical injury upon or to cause
annoyance to a person, or to damage property of another, or to disturb
the public peace.
3. Possession of noxious material is presumptive evidence of intent
to use it or cause it to be used in violation of this section.
.........................
5. Self-defense spray devices not prohibited. Notwithstanding the
provisions of subdivisions two and three of this section, it shall not
be unlawful for a person eighteen years of age or older to possess a
self-defense spray device as defined in paragraph fourteen of
subdivision a of section 265.20 of this chapter in accordance with the
provisions set forth therein.
http://caselaw.lp.findlaw.com/nycodes/c82/a69.html
"in accordance with the provisions set forth therein." is the important clause there. You must meet the Article 35 standard for use of force in order to lawfully employ OC. Otherwise, 270.05 kicks in.
Its too early in the morning for me to go further into the PL, but I think theres another section OTHER than the one for using OC against an LEO that could also be charged.