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Marilyn Manson's lawyer: Accuser consented to bodily fluids

FILE - Marilyn Manson arrives at the Vanity Fair Oscar Party on Feb. 9, 2020, in Beverly Hills, Calif. An attorney has entered a not guilty plea on behalf Manson, who is accused of approaching a videographer at his 2019 concert in New Hampshire and allegedly spitting and blowing his nose on her. A case status hearing is scheduled for Dec. 27. (Photo by Evan Agostini/Invision/AP, File) (Evan Agostini, 2020 Invision)

CONCORD, N.H. – A videographer who accuses Marilyn Manson of spitting and blowing his nose on her during a concert in New Hampshire consented to being exposed to bodily fluids, according to an attorney for the musical artist.

Manson, whose legal name is Brian Warner, is charged with two misdemeanor counts of simple assault stemming from the encounter at the Bank of New Hampshire Pavilion in Gilford on Aug. 19, 2019.

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According to police, Manson approached videographer Susan Fountain in the venue's stage pit area, put his face close to her camera and spit at her. He also is accused of blowing his nose on her arm and hands.

In court documents made public Tuesday, Manson's attorney Kent Barker argues that type of filming Fountain was doing commonly exposes videographers to “incidental contact" with bodily fluids.

“The defendant's performance for the past twenty years are well known to include shocking and evocative antics similar to those that occurred here,” Barker wrote. “The alleged victim consented to exposing herself to potential contact with sweat, saliva and phlegm in close quarters.”

Barker also said Manson plans to argue that any contact related to spitting or sneezing was unintentional.

Manson has pleaded not guilty to the charges, which each could result in a jail sentence of less than a year and a $2,000 fine if convicted.