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Author Topic: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?  (Read 3849 times)

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Offline Jim Allen

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A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« on: September 14, 2017, 09:16:46 am »
September 14, 2017
https://www.poz.com/article/misdemeanor-instead-felony-intentionally-transmit-hiv

A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?

California lawmakers passed a bill to modernize HIV crime laws and reduce penalties. It now goes to the governor.
 
California lawmakers approved a bill that makes it a misdemeanor instead of a felony to intentionally transmit HIV to a partner and to knowingly expose a sexual partner to HIV without disclosing, The Los Angeles Times reports. The bill now goes to the governor to either sign or veto.


In April, a POZ Poll asked, “Do you think that intentionally transmitting HIV should be a misdemeanor instead of a felony?” The results so far: 74 percent say it should be a misdemeanor, and 26 percent say it should remain a felony. Click here to voice your opinion by voting https://www.poz.com/poll/misdemeanor-felony
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Offline Almost2late

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Re: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« Reply #1 on: September 14, 2017, 01:08:51 pm »
What constitutes "intentional"?
People were being locked up on felony charges for not disclosing an undetectable virus even when a condom is used and no transmission had occurred, really just for not disclosing, I don't consider that "intentional" or a crime at all, not even a misdemeanor .. 

On the other hand there's I guess some cases of some people aware that they're positive, not on treatment and still have the audacity to have condomless sex without disclosure, and that I consider "intentional", maybe a misdemeanor if no transmission occurred and a definitely felony if it did, imo..

For sure it's much more complicated than just a yes or no answer.
« Last Edit: September 14, 2017, 01:11:31 pm by Almost2late »

Offline Jim Allen

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Re: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« Reply #2 on: September 14, 2017, 01:20:52 pm »
I don't think its a complex question in itself. The bill has been put forward, so the question in that context to that. Do you think the current punishment on the books should be reduced? Y/N

I do agree with you that the larger questions, are questions that remain as well however they not going to be addressed by this change or proposed change.

Questions like should the law be in place at all? What is intentional exposure? Should none disclosure be punishable without actual transmission? All very good questions, if you ask me.
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Offline Almost2late

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Re: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« Reply #3 on: September 14, 2017, 01:43:48 pm »
Had to go back and read it again..

https://www.poz.com/article/misdemeanor-instead-felony-intentionally-transmit-hiv

Then yes the bill should be passed bc it would put hiv on par with other communicable diseases and (if I'm reading it correctly) a transmission would have to have occurred.

Offline zach

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Re: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« Reply #4 on: September 14, 2017, 02:21:10 pm »
Give it away?!? Fuck that, it's my HIV, go get your own. I don't share well with others.

If intention is proved, yes to felony only if infection occurs.

The burden of proof to establish intention should be pretty damn high though.

Shooting someone up in their sleep with a barrel full of poz blood is fundamentally different than 2 party consensual sex.

I feel like if the newly infected person had the opportunity to protect themselves, but chose not to... that should be in the calculus
« Last Edit: September 14, 2017, 02:23:41 pm by zach »

Offline Jim Allen

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Offline CaveyUK

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Re: A Misdemeanor Instead of a Felony to Intentionally Transmit HIV?
« Reply #6 on: October 19, 2017, 04:57:48 pm »
I think everyone has a responsibility to look after their own health and wellbeing, and should own choices they make - even the very human choices which can lead to infection.

There are extreme edge-cases where devious, criminal methods are used to put people at risk, but these are very very rare I suspect - and probably quite obvious in retrospect.

I don't set out to jail the guy who served me McDonalds or sold me that packet of cigarettes  because I am the size of a beached whale and walk around panting like a St Bernard. I know the risks, and if I suffer because of those choices then I don't have anyone else to blame.

Criminalisation of HIV theoretical transmission (especially when no transmission occurs) is fraught with problems, re-enforces stigma and ultimately leads to higher infection rates.





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