Is walking around (asymptomatic) without a mask a kind of criminal assault?
No, because it doesn’t meet the elements of INTENTIONAL assault. It could only rise to the level of assault if I KNEW I had Covid, AND I KNEW it was contagious, AND I intentionally coughed on you WANTING you to get sick.
Intentionally giving sexual diseases, however, IS currently a kind of criminal assault, but again the person has to KNOW they have it and intentionally “attack” another trying to get them sick.
And with criminally charging for spreading disease, it’s tough to prove I, alone, am the guy who infected you. The victim could have gotten it from other people in the last 2 weeks. I guess a prosecutor could charge a group of people as co-defendants: “One of them must have done it.” But see the problem here?
Then there’s the assault defense of “consent.” You consented and assumed the risk, unless you retreated back 6 feet from the maskless person.
Unlike gun law, I’d say re Covid, that people in public DO have a duty to retreat from maskless people, or they assume the risk. Don’t go into that restaurant, don’t go near those maskless people in the park or beach, cross to other side . . .
Who has to dance around who?
You might be saying “It’s unfair that non-maskers get to force us around and inconvenience us?” Well, now you know how anti-maskers feel.
Its oppressive to, without my consent, make me cover my face, block communication with others and feel dour & sour, and ruin many a kids’ childhood. I may have health reasons not to wear one, I might already have antibodies and not be contagious; I may not want to reduce my oxygen intake which lowers my overall immunity.
And you don’t have a right to ask me why I’m not wearing a mask; my personal health is none of your business.