Illustration of coronavirusIs threatening to give a person COVID-19 a crime? Yes, said the Appellate Division on Nov. 14, 2022; it is a terroristic threat within the meaning of N.J. S.A. 2C:12-3(a). State v. Zharia Young.

On April 7, 2020, following a motor vehicle accident, defendant was uncooperative with the investigating New Jersey State Troopers and EMTs, had an odor of alcohol on her breath, had bloodshot watery eyes, and failed a field sobriety test. After being arrested, Young repeatedly and forcefully coughed on the troopers, said she had COVID-19 (which would give them the virus), and said that she was happy to infect them.

When contacted after her release from custody, defendant said she was a public health worker, had COVID symptoms for a few days, was planning to take a COVID test but would probably not share the test results with the troopers, and hoped that the troopers would get infected. As a result, approximately seven troopers had to be quarantined for two weeks.