Is it illegal to knowingly infect someone with HIV?
In New York, it is not per se illegal.Under New York Public Health Law section 2307: "Any person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor." Being HIV positive, however, is not on the list of sexually transmissible diseases in New York health regulations (10 NYCRR section 23.1). Therefore, this statute does not apply to HIV.Nevertheless, it may still be illegal, because a person can be convicted of "reckless endangerment" for engaging in unprotected sex without disclosing HIV positive status. In one case, New York's highest court concluded that the evidence presented to the grand jury was not legally sufficient to prosecute the defendant for reckless endangerment in the first degree (New York Penal Law § 120.25), which is a felony in New York. But the defendant could be prosecuted for reckless endangerment in the second degree (Penal Law § 120.20), which is a misdemeanor. People v. Williams, 24 NY3d 1129. The defendant pleaded guilty to reckless endangerment in the second degree.
Why would we lower the penalties for knowingly infecting someone with HIV?
Gotta say this was news to me. And I am HIV positive undetectable. In CA.Bur in most states it is not about actual infection. It is only if the person KNOWS they are HIV+. Actual transmission is irrelevant. It says nothing about the partners culpability in consensual sex. In some cases over zealous Police have pushed for prosecution even when the “victim” was not infected nor wanted to proceed. (Rhodes vs Iowa)Knowing you are positive does not mean you are infectious.You CAN NOT INFECT when you are clinically UNDETECTABLE. But you are still positive.ART medication aka TasP (Treatment as Prevention) with an undetectable viral load is still not a legal defense in southern states like Missouri.There are other avenues to take besides HIV criminalization. Rape, assault or other acts are enough to imprison someone.Suing for economic damages would be more apt today. It is not a death sentence. You will live a normal life span and can have children for example. Medications have made HIV a manageable illness. But it is expensive without insurance.Intent is hard to prove. In CA and NY intent must be proven. Not all states (see above)Anti-HIV laws DISCOURAGE testing. “Knowing” you are HIV+ increases your legal liability. NOT KNOWING, not tested, has been a legal defense. No matter the symptoms. You could be ill, highly contagious, but not be liable if not tested.Most who test positive go on TasP immediately. That needs to be encouraged.It is not an accurate representation of HIV people. Actual intentional infection is extremely rare yet anti-HIV laws affects every HIV person negatively.Hypothetical I could be accused of infecting a partner even though I have been UNDETECTABLE for many years. Even if they got it from someone else as would have to be the case. This eliminates the potential black mail all HIV people fear.
Can I have someone arrested for infecting me with HIV?
I am not familiar with the exact wording of the California law you refer to, but I assume that if you are able to demonstrate that he (1) has AIDS, HIV, or perhaps Hepititis C, (2) was aware of his having such a disease or virus, (3) intentionally failed to use protection knowing that he could transmit the disease or virus to you, and (4) you have AIDS, HIV, or Hep. C when you did not have it before, then you can almost guarantee the police will make an arrest and refer to case to prosecutors. However, this is much easier said than done. Just because there are suspicions or allegations based on the commentary of others is not necessarily enough for the police to be interested. They would have to investigate further to find any information needed to prosecution that you are unable to supply them with. You may want to confer with those you have heard talking about it, and you may even want to see if you can get this guy on tape admitting to you any actions of his that may make him culpable. Emails or text messages would be great too. (IF you record him, check state law for the legality of such recordings, especially recording a telephone conversation.)
Is it illegal to purposely infect someone with a disease?
Certain diseases are in the law, making it illegal to infect others. If one has HIV, and haven't informed that person's partner or flings, and is infected, that person with HIV who infected others will go to prison. There is a fuzzy law about knowingly and maliciously infecting (with common diseases) others to cause that person's death, that person can be put in prison - if you do it knowingly to someone who dies from it, you can go to prison; if the person just got sick, worst thing is you can get a civil suit from it - ending up paying the person. Using it like a weapon to kill or resulting in a death, it's against the law.
If you have HIV and have sex with someone without knowing you have HIV, will you go to prison for basically "killing" someone once they find out?
No.Some legal jurisdictions require that people living with HIV inform prospective sexual partners of that fact.None that I'm aware of criminalize unknowing transmission of HIV.Every person is responsible for their own health. If two people have unprotected sex and one of them passes a virus to the other, whose fault is that?Think about it for a minute.Neither partner knows about an infection.Neither partner chooses to use protection.Either partner could become infected as a result.The one who does become infected has only themselves to blame for not taking reasonable precautions.On the other hand, if a couple is in a monogamous relationship with mutual expectations of sexual fidelity, yet one partner cheats by sleeping around and being irresponsible, you could certainly make a moral argument about fault.There's still no legal issue raised, however, unless the infected partner knows they're infected.
What would happen if you contracted HIV from another someone in Jail or prison?
Depends on how you catch it. If you are using a dirty needle or something you are not supposed to be doing, you are shit out of luck. If the medical staff for the prison gave you at shot with a dirty needle it is a whole different ballgame.You do a blood test when you get to prison. If you have HIV, you are not going to be in general population where I live. That is too much of a risk.
How do I get a unit or bottle of AIDS/HIV infected blood?
Well this is a very interesting one. However, I must ask you, why do you want a unit or bottle of HIV+ blood? I can think of only 2 reasons: 1) you want to purposely infect yourself with HIV (this is a real thing folks. People often desire this for a number of reasons that are usually either ignorant, or indicative of a deeper psychological issue(s). Or 2) you are intending to try & infect someone else. If that's your reason, you should know that in MANY states infecting someone with HIV even w/full disclosure, protection, & a total lack of intent to infect someone, still carries an attempted murder charge. There are tons of folks currently in jail, who disclosed their status, used protection, & someway or another UNINTENTIONALLY infected someone else. The laws quite simply have not caught up with the science of HIV. So if it's reason 1, PLEASE seek out a therapist wherever you live, because you do have some issues to work on. And if it's reason number 2, you WILL go to jail for a long time. But more importantly, why would you even consider causing anyone to contract any chronic illnesses? You may want to give that some thought, & then also see a therapist, because then you've got a whole separate set of psychological issues to work on. Either way, please seek treatment.