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No. The decision of whether or not to "press" charges is not made by individuals, but rather by the police and the prosecuting attorney's office. The throwing of a cupcake may fit the strict definition for a few crimes, depending on the state statutes. The victim may opt to contact the police and make a report. The police would then make the decision about whether or not to use state resources to investigate and prosecute this crime.

Unless the event caused an extraordinary amount of damage, or the accused has a habit of throwing things, it is unlikely that this charge would be prosecuted. An isolated incident of cupcake throwing is unlikely to be a proper use of limited state resources.

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Q: Can someone press charges on you for throwing a cupcake at them?
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