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Author Topic: Criminalzation  (Read 1193 times)

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Offline SANJUANDUDE

  • Member
  • Posts: 125
Criminalzation
« on: November 29, 2012, 06:12:37 AM »
This should be a fairly straightforward question, but I can't seem to find a definitive answer online....  In the state of Florida, the statute states "intercourse" requires disclosure of HIV positivity.  Does this include oral sex with a partner...???  The way that it sounds is that it only includes just this, intercourse not oral.  What does anyone else in here think...???

-----------Florida
Fla. Stat. Ann. § 384.24(2)   Not Specified   It is unlawful for any person who has HIV, with knowledge of such infection and having been informed that he or she may communicate it to others through sexual intercourse, to have sexual intercourse with any other person, unless the other person has been informed of the presence of HIV and has consented to the sexual intercourse.---------------
10/2011-CD-4-598-Undetectable
01/2012-CD-4-758-Undetectable
04/2012-CD$-780-70 Viral Load
08-2012-CD4-846--20 viral load
02/2013-CD$ 865----20 Undetectable Viral Load
08/2013- CD4-898----<20 undetectable viral load

Offline Buckmark

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  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: Criminalzation
« Reply #1 on: November 29, 2012, 10:05:58 AM »
First, just to be clear, IANAL (I am not a lawyer).

In the past, sexual intercourse had commonly been defined as vaginal intercourse. More states -- but not all -- have defined it to include vaginal and anal intercourse, and oral sex (both fellatio and cunnilingus). 

Florida is somewhat famous recently for its narrow definition of intercourse as vaginal intercourse, and that is why last year a court overturned the conviction of an HIV+ women who was prosecuted for exposing her female partner to HIV.

Are you trolling just to stir up a conversation?  This is fairly well-known, and quite easy to find with a simple search on Google:

http://www.heraldtribune.com/article/20110715/ARTICLE/110719701

Bottom line:  it depends on how intercourse is defined in your state.  Laws aside, hopefully you feel a personal responsibility to disclosure to sexual partner, no matter what the law says.
"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline WindySkies

  • Member
  • Posts: 113
  • Tested + 10/11/12
Re: Criminalzation
« Reply #2 on: November 29, 2012, 10:12:33 AM »
According to the Bill Clinton Impeachment proceedings, his defense was that oral sex was not 'sex', so when he said he 'Never had sexual relations with that woman, Monica Lewinski', he was technically telling the truth. 

So if you get in trouble, just hire his lawyer.  They can argue what the definition of is, is.
10/11/2012 Journey Started
10/17/2012 First Labs: VL=57,645  CD4+=730  37%
10/31/2012 Started Complera
11/30/2012 Labs: VL=80  CD4+=929 40%
12/24/2012 Started Stribild

Undetectable since 1/15/13 CD4+= Over 1,400 and 49%

Offline Buckmark

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Re: Criminalzation
« Reply #3 on: November 29, 2012, 11:41:47 AM »
According to the Bill Clinton Impeachment proceedings, his defense was that oral sex was not 'sex', so when he said he 'Never had sexual relations with that woman, Monica Lewinski', he was technically telling the truth. 

So if you get in trouble, just hire his lawyer.  They can argue what the definition of is, is.

I'm sure this will be very helpful advice for the original poster should he ever find himself in the midst of impeachment proceedings.  ::)

"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline SANJUANDUDE

  • Member
  • Posts: 125
Re: Criminalzation
« Reply #4 on: November 29, 2012, 02:18:00 PM »


[/quote]Are you trolling just to stir up a conversation?  This is fairly well-known, and quite easy to find with a simple search on Google:

http://www.heraldtribune.com/article/20110715/ARTICLE/110719701

Bottom line:  it depends on how intercourse is defined in your state.  Laws aside, hopefully you feel a personal responsibility to disclosure to sexual partner, no matter what the law says.
[/quote]

I have heard a few different stories from friends and found that the "law" was stated, well let's say quite passe', but who the heck am I to say anything.  The only case I found in Florida was the one with the olympian who allegedly failed to inform his partner of four years.  His case was also overturned on appeal.  So it sounds as though gay men are off the hook so to speak in the Sunshine State.  And yes, just stirring up some conversation. 
10/2011-CD-4-598-Undetectable
01/2012-CD-4-758-Undetectable
04/2012-CD$-780-70 Viral Load
08-2012-CD4-846--20 viral load
02/2013-CD$ 865----20 Undetectable Viral Load
08/2013- CD4-898----<20 undetectable viral load

Online Jeff G

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  • Member
  • Posts: 11,410
  • How am I doing Beren ?
Re: Criminalzation
« Reply #5 on: November 29, 2012, 02:32:41 PM »

Are you trolling just to stir up a conversation?  This is fairly well-known, and quite easy to find with a simple search on Google:

http://www.heraldtribune.com/article/20110715/ARTICLE/110719701

Bottom line:  it depends on how intercourse is defined in your state.  Laws aside, hopefully you feel a personal responsibility to disclosure to sexual partner, no matter what the law says.


I have heard a few different stories from friends and found that the "law" was stated, well let's say quite passe', but who the heck am I to say anything.  The only case I found in Florida was the one with the olympian who allegedly failed to inform his partner of four years.  His case was also overturned on appeal.  So it sounds as though gay men are off the hook so to speak in the Sunshine State.  And yes, just stirring up some conversation.

Criminalization is an atrocity . Gay men are not off the hook until the laws are overturned and then your still not off the hook because Karma is a bitch .  ;) .   

Offline mecch

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  • Posts: 11,508
  • red pill? or blue pill?
Re: Criminalzation
« Reply #6 on: November 29, 2012, 03:04:13 PM »
Criminalization is an atrocity . Gay men are not off the hook until the laws are overturned and then your still not off the hook because Karma is a bitch .  ;) .

me likee  ;D
“From each, according to his ability; to each, according to his need” 1875 K Marx

 


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