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Reason
Reason
Eugene Volokh

Urine Isn't a "Noxious or Filthy Substance for Purposes of 1851 Massachusetts Vandalism Law"

In Commonwealth v. Narvaez, decided Tuesday by the Massachusetts high court, the defendant had allegedly deliberately "urinated on the floor both inside and outside of [his jail] cell":

Based on the location of the toilet in the cell, the officer stated that "it [was] apparent that [the defendant] purposely urinated through the cell bars on to the floor outside the cell." The urine had "seeped into the cracks between the floor tiles, potentially causing permanent damage to the sub floor beneath." Because urine, like other bodily fluids, can carry potentially dangerous bacteria and viruses, police hired a cleanup company specializing in cleaning hazardous fluids and spills to clean the defendant's cell.

He was prosecuted for vandalizing a building with a "noxious or filthy substance," which provides,

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