Throwing, Transferring, or Placing Bodily Fluids or Wastes on a State Employee or Contractor Defense in Oklahoma

This charge usually starts with a jail, prison, transport, hospital hold, or booking-room incident that got ugly fast. The State isn’t claiming only rude or disruptive behavior. Instead, it’s claiming you intentionally put feces, urine, semen, saliva, or blood on a government worker or contractor while you were in custody. So the fight often turns on custody, intent, identification, and what the video really shows.

These cases also don’t always stay narrow. Prosecutors often stack them with assault on an officer, assault on an EMT, escape, threatening violence, property damage, or obstructing counts if the same event kept unfolding. You can also step back to our law enforcement, courts, and government employee crimes page or our broader assault and battery crimes page for the bigger picture.

Quick links

• What the law says
• What the State must prove
• Penalties
• Collateral consequences
• How prosecutors try to prove it
• Practical guide
• What happens next
• Key terms
• FAQs

Talk to a defense lawyer early

If you’ve been accused of throwing, transferring, or placing bodily fluids or wastes on a state employee or contractor in Oklahoma, reach out for a free consultation as soon as you can. Early work matters here because jail video, transport video, bodycam footage, reports, and witness memories can all shape the case fast. Call us at 405-633-3420 or use our secure online form.

What the law says

Under 21 O.S. § 650.9, the State has to prove more than bad behavior in a cell or holding area. It has to prove that a person in custody threw, transferred, or in any manner placed feces, urine, semen, saliva, or blood on the person of an employee of the state, county, city, or a contractor working for one of those entities.

That means the details matter. Was there actual custody at that moment? Was the act intentional, or did it happen during a struggle, medical event, or restraint? Did the substance actually make contact with a person, or only with clothing, equipment, walls, or the floor? Those questions often drive the defense.

What the State must prove

To convict you, prosecutors generally have to prove each of these points beyond a reasonable doubt:

• You were in the custody of the state, county, city, or a contractor for one of them.
• The act was intentional, not accidental.
• You threw, transferred, or placed a covered bodily waste or fluid.
• The substance was feces, urine, semen, saliva, or blood.
• The substance was placed upon the person of a government employee or contractor.

Penalties

For crimes sentenced under the current classification system, this offense is a Class B6 felony under 21 O.S. § 20K. The punishment range is narrow compared with some other felonies, but it’s still serious.

• Prison exposure
  • Up to 2 years in the State Penitentiary.
• Fine exposure
  • Up to $1,000.
• Both punishments
  • The court can impose prison and a fine together. That range comes from 21 O.S. §§ 9 and 20K(B).
• Stacked exposure
  • Your real exposure can jump if the State also files assault, escape, threat, or obstruction counts from the same incident.

It’s also listed as a violent crime under 57 O.S. § 571. So even if the prison range looks lower than other felonies, the classification can still change how the case feels in real life. You can read more in our violent crimes guide.

Collateral consequences

• A felony record can hurt jobs, licensing, housing, and school opportunities.
• A violent-crime label can affect prison classification, parole issues, and how the case is viewed by prosecutors and judges.
• If you’re already on probation, parole, or a deferred sentence, this charge can trigger a revocation fight.
• A conviction can make later plea negotiations harder because the incident looks hostile toward staff or public workers.
• Immigration, professional, and security-clearance problems can follow, depending on your status and background.

How prosecutors try to prove the case

• Staff testimony about what happened, where you were, and what was said.
• Jail video, transport video, hospital security footage, or bodycam footage.
• Incident reports that describe the substance, the contact, and the officer or employee involved.
• Medical, sanitation, or testing records if the State tries to identify the substance more precisely.
• Your own statements on the scene, in transport, in the jail, or on recorded calls.

Practical guide

Questions to ask your attorney

• Does the video actually show an intentional act, or only a chaotic struggle?
• Can the State really prove I was in custody at the exact time this allegedly happened?
• Can the State prove the substance was one of the fluids or wastes named in the statute?
• Are there Miranda, voluntariness, or report-accuracy issues in my case?
• Is there a realistic path to dismissal, reduction, or a deferred result?

Things you can do if you’re arrested for this crime

• Stay quiet about the facts and don’t try to explain the incident on recorded lines.
• Ask that any jail, transport, or hospital video be preserved.
• Write down the time, place, names, and sequence of events as soon as you safely can.
• Keep records of injuries, restraint use, medical issues, or contamination problems that may explain what happened.
• Get your court date, bond terms, and any hold information organized right away.

Defenses

• No custody — If the State can’t prove you were in legal custody when the act happened, a core element is missing.
• No intent — A reflex, medical event, coughing fit, vomiting incident, or struggle can undercut the required intentional act.
• No qualifying transfer — Contact with a wall, shield, door, or nearby area isn’t the same as proving the covered substance was placed upon a person.
• Misidentification or weak proof — Poor video, conflicting staff accounts, and missing testing can leave the State guessing about who did what.
• Suppression issues — If the State leans on statements taken in violation of your rights, those statements may be challenged or excluded.

How we fight these charges

• Lock down every video source early so the case doesn’t get built from reports alone.
• Test the custody element against booking logs, transport records, and timing details.
• Break apart the State’s intent theory by comparing the reports with movement, restraint, and medical facts.
• Challenge statements that were taken unfairly, inaccurately reported, or pulled out of context.
• Use weaknesses in the lead count to press for dismissal, reduction, or better outcomes on stacked charges.

What The Urbanic Law Firm does to help

• Explains the charge, the real exposure, and the pressure points in the State’s proof.
• Tracks deadlines, warrants, bond conditions, holds, and court settings so the case doesn’t drift.
• Builds the defense file fast by gathering reports, video, witnesses, and medical context.
• Communicates clearly with you about where the case stands and what each next step means.
• Pushes for the best available outcome, whether that’s dismissal, reduction, deferred treatment, or a trial-ready defense.

What happens next

Because this is a felony, the case usually starts moving through district-court procedure fast. First comes the filing and arraignment. Then the fight shifts to discovery, video, witness statements, motions, and negotiation. If the case doesn’t resolve, it heads toward preliminary hearing, motion practice, and trial preparation.

That’s why early defense work matters. Small factual disputes can change the whole value of this case. For a more detailed overview of the criminal process in Oklahoma, you can read more in our Oklahoma criminal process guide.

Key terms

Custody

Custody means either imprisonment by physical means or restraint by a superior force acting as a moral restraint. (jury instruction 6-53) Here, that definition matters because the State still has to prove you were actually in custody when the alleged act happened.

Willful

Willful means purposeful. It doesn’t require any intent to violate the law, injure another, or gain an advantage. It involves a willingness to commit the act or omission. (21 O.S. § 92) That concept matters because prosecutors often try to turn chaotic conduct into proof of deliberate conduct.

Knowingly

Knowingly imports only a knowledge that the facts exist which bring the act or omission within the code. It doesn’t require knowledge that the act is unlawful. (21 O.S. § 96) So the argument usually isn’t whether you knew the law. It’s whether you knew the facts that made the conduct fit the charge.

Battery

A battery is any willful and unlawful use of force or violence upon the person of another. (jury instruction 4-3) That definition still matters in this charge cluster because the same incident often gets filed with battery-based counts against officers, EMTs, or other staff.

FAQs

Can you be charged in Oklahoma for spitting on a jailer or detention officer?

Yes, that can lead to this charge if the State claims saliva was intentionally placed on a government employee or contractor while you were in custody. The exact facts still matter, though, because intent and actual contact are major issues.

Does Oklahoma law cover urine, blood, saliva, semen, and feces in this charge?

Yes. Oklahoma’s statute names those substances specifically. So the fight usually becomes whether the State can prove what the substance was, how it was transferred, and whether it was intentional.

What does the State have to prove for this Oklahoma bodily fluids charge?

The State has to prove custody, an intentional act, a covered bodily waste or fluid, and contact with the person of a government employee or contractor. If any one of those points is weak, the defense has room to attack the case.

Can this Oklahoma charge be filed with assault, escape, or threat counts too?

Yes. Prosecutors often add other counts when the incident includes resisting, striking staff, threats, property damage, or attempted flight. That’s why the defense can’t look at this charge in isolation.

Does a conviction for this Oklahoma charge count as a violent crime?

Yes. Oklahoma treats this offense as a violent crime for that classification purpose, which can matter beyond the basic prison range and fine. So even a case that looks small on paper can carry heavier practical consequences.