Author Topic: California makes knowingly exposing others to HIV a misdemeanor  (Read 772 times)

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Online rondohondo

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Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #1 on: October 24, 2017, 05:03:04 PM »

Offline jambr380

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I will wait to see what others have to say before weighing in on this, but the 2nd part of your comment is incorrect.

Quote
The same reduction in crime level would apply to people who donate blood or semen without disclosing that they have tested positive for HIV or AIDS.

You make it sound as though people with HIV/AIDS are now allowed to donate blood, but the penalty for doing so has just been reduced to a misdemeanor.

Also, your interpretation for this may be a little skewed. I am sure if people are out there sticking individuals with syringes of their infected blood, there would be a harsher punishment. This law is basically just reducing the penalty for somebody who may accidentally infect somebody else without disclosing that they are positive.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #2 on: October 24, 2017, 05:06:51 PM »

Offline Rondo9

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Thatís disgusting.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #3 on: October 24, 2017, 05:11:55 PM »

Online rondohondo

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I will wait to see what others have to say before weighing in on this, but the 2nd part of your comment is incorrect.

Quote
The same reduction in crime level would apply to people who donate blood or semen without disclosing that they have tested positive for HIV or AIDS.

You make it sound as though people with HIV/AIDS are now allowed to donate blood, but the penalty for doing so has just been reduced to a misdemeanor.

Also, your interpretation for this may be a little skewed. I am sure if people are out there sticking individuals with syringes of their infected blood, there would be a harsher punishment. This law is basically just reducing the penalty for somebody who may accidentally infect somebody else without disclosing that they are positive.

Fair on the first point, although making it a misdemeanor  is still insane

On the second point, how do you accidentally infect someone if you know you have it?

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #4 on: October 24, 2017, 05:13:08 PM »

Offline Pucaccia

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The California socialist regime  cares more about not offending the gay lobby than it does for protecting it's people.  Imagine whether your homosexual or straight and a sex partner gave you HIV  knowing that they are HIV positive. To me this is serious and irresponsible and the most they will get is a slap on the hand with a misdemeanor.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #5 on: October 24, 2017, 05:25:57 PM »

Offline jambr380

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I will wait to see what others have to say before weighing in on this, but the 2nd part of your comment is incorrect.

Quote
The same reduction in crime level would apply to people who donate blood or semen without disclosing that they have tested positive for HIV or AIDS.

You make it sound as though people with HIV/AIDS are now allowed to donate blood, but the penalty for doing so has just been reduced to a misdemeanor.

Also, your interpretation for this may be a little skewed. I am sure if people are out there sticking individuals with syringes of their infected blood, there would be a harsher punishment. This law is basically just reducing the penalty for somebody who may accidentally infect somebody else without disclosing that they are positive.

Fair on the first point, although making it a misdemeanor  is still insane

On the second point, how do you accidentally infect someone if you know you have it?

In reading the article again, I am a little confused by the use of the word 'expose'. If a person was simply exposed (through sex, drug use, etc), but not actually infected, then that probably does deserve a different punishment.

It is also interesting how the article points out that people may not want to get tested if it opens them up to a felony.

I wholeheartedly agree that it is pretty awful to go out and try to infect others (or just not care whether or not you do), but alcohol, loud music (person didn't hear the disclosure), and thinking you were safe (condom may break, didn't go all the way, etc) opens up a lot of gray area.
 
« Last Edit: October 24, 2017, 05:39:37 PM by jambr380 »

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #6 on: October 24, 2017, 05:32:05 PM »

Offline mobilija

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Ducking my head for cover and preparing to get blasted....

HIV is no longer the life threatening illness it was in the 90s. Very treatable now, tho still life altering.  People knowingly transmit other sexual diseases like herpes and genital warts. People go to work and other public places with colds and the flu, getting others sick. There are no legal ramifications for these actions.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #7 on: October 24, 2017, 05:52:43 PM »

Online Roy H.

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Ducking my head for cover and preparing to get blasted....

HIV is no longer the life threatening illness it was in the 90s. Very treatable now, tho still life altering.  People knowingly transmit other sexual diseases like herpes and genital warts. People go to work and other public places with colds and the flu, getting others sick. There are no legal ramifications for these actions.

Thereís a slight difference between knowingly giving somebody HIVversus the common cold, isnít there?

If I hit you with a baseball bat, Iím looking at a felony, even if you only suffer bruises and minimal hospital bills. Most folks would much rather break a bone - or get the flu, or a less serious STD - than HIV.

In California itís a more serious crime for a health care worker to call a transgender person by the pronoun of their birth gender than it is to knowingly give them a life-altering incurable virus.


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Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #8 on: October 24, 2017, 06:03:47 PM »

Offline mobilija

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Ducking my head for cover and preparing to get blasted....

HIV is no longer the life threatening illness it was in the 90s. Very treatable now, tho still life altering.  People knowingly transmit other sexual diseases like herpes and genital warts. People go to work and other public places with colds and the flu, getting others sick. There are no legal ramifications for these actions.

Thereís a slight difference between knowingly giving somebody HIVversus the common cold, isnít there?

If I hit you with a baseball bat, Iím looking at a felony, even if you only suffer bruises and minimal hospital bills. Most folks would much rather break a bone - or get the flu, or a less serious STD - than HIV.

In California itís a more serious crime for a health care worker to call a transgender person by the pronoun of their birth gender than it is to knowingly give them a life-altering incurable virus.

Agreed. The flu and HIV aren't comparing apples to apples. Just offering some perspective. Check out the poster a few above my original post and the "greyness" of this issue. He or she makes a better devils advocate point than I do.

But attacking someone with a baseball bat and infecting them with HIV are also not comparing apples to apples. One is a purposeful attempt at harming someone where as the other is not necessarily done out of malice and the intent to cause harm.

Not sure about the whole transgender thing and what is more serious crime... sounds like hyperbole, moving the goal posts,... maybe u should provide evidence....

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #9 on: October 24, 2017, 06:04:01 PM »

Online saltlover

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Ducking my head for cover and preparing to get blasted....

HIV is no longer the life threatening illness it was in the 90s. Very treatable now, tho still life altering.  People knowingly transmit other sexual diseases like herpes and genital warts. People go to work and other public places with colds and the flu, getting others sick. There are no legal ramifications for these actions.

Thereís a slight difference between knowingly giving somebody HIVversus the common cold, isnít there?

If I hit you with a baseball bat, Iím looking at a felony, even if you only suffer bruises and minimal hospital bills. Most folks would much rather break a bone - or get the flu, or a less serious STD - than HIV.

In California itís a more serious crime for a health care worker to call a transgender person by the pronoun of their birth gender than it is to knowingly give them a life-altering incurable virus.

But thereís less of a difference between HIV and HPV.  HPV, according to the CDC, is the most common sexually transmitted disease in the US, and results in approximately 40,000 cases of cancer every year.  But itís not a felony.  And that is the point of the law.

Also, to your other point, I assume youíre referring to this proposed (in other words, not enacted) bill regarding transgender rights in nursing homes and long-term care facilities.  As far as I can read, while there could be some punishment for ďwillfully and repeatedlyĒ refusing to use a personís preferred gender, it seems upon first reading that the center would be potentially fined, and not the individual worker, which in my mind makes it less severe of a penalty than a criminal misdemeanor.  It also focuses much more on denying service.

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB219
« Last Edit: October 24, 2017, 06:24:47 PM by saltlover »

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #10 on: October 24, 2017, 06:30:10 PM »

Offline mobilija

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Ducking my head for cover and preparing to get blasted....

HIV is no longer the life threatening illness it was in the 90s. Very treatable now, tho still life altering.  People knowingly transmit other sexual diseases like herpes and genital warts. People go to work and other public places with colds and the flu, getting others sick. There are no legal ramifications for these actions.

Thereís a slight difference between knowingly giving somebody HIVversus the common cold, isnít there?

If I hit you with a baseball bat, Iím looking at a felony, even if you only suffer bruises and minimal hospital bills. Most folks would much rather break a bone - or get the flu, or a less serious STD - than HIV.

In California itís a more serious crime for a health care worker to call a transgender person by the pronoun of their birth gender than it is to knowingly give them a life-altering incurable virus.

But thereís less of a difference between HIV and HPV.  HPV, according to the CDC, is the most common sexually transmitted disease in the US, and results in approximately 40,000 cases of cancer every year.  But itís not a felony.  And that is the point of the law.

Also, to your other point, I assume youíre referring to this proposed (in other words, not enacted) bill regarding transgender rights in nursing homes and long-term care facilities.  As far as I can read, while there could be some punishment for ďwillfully and repeatedlyĒ refusing to use a personís preferred gender, it seems upon first reading that the center would be potentially fined, and not the individual worker, which in my mind makes it less severe of a penalty than a criminal misdemeanor.  It also focuses much more on denying service.

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB219

Good rebuttal points! Glad there are more knowledgeable people on this blog that make enough effort to look things up than me. TP

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #11 on: October 24, 2017, 07:04:02 PM »

Online jpotter33

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This is a difficult issue.

HIV has long been overly stigmatized, and this move is an attempt to normalize this disease to the level of other public health issues, with additional possible benefits in bringing more people "out." However, I'm not sure that this is the way to do it, though I admittedly don't have other ideas that might help.

Interestingly, I was just giving a presentation on physicians' "duty to warn" at a meeting this morning, and HIV was one of the case studies that we analyzed as a group.
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Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #12 on: October 24, 2017, 07:04:02 PM »

Offline Quetzalcoatl

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The California socialist regime  cares more about not offending the gay lobby than it does for protecting it's people.  Imagine whether your homosexual or straight and a sex partner gave you HIV  knowing that they are HIV positive. To me this is serious and irresponsible and the most they will get is a slap on the hand with a misdemeanor.

Honestly it's the opposite. This law as it is now isn't stopping anything, it's just over penalizing a handful of people. These legislators and civic groups aren't putting their careers on the line because they want to be PC for PC's sake.  They are making an evidence based decision even though it sounds bad because it's the right thing to do.  Just because something sounds bad doesn't mean it is bad, but it is so hard to get through to people on that.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #13 on: October 24, 2017, 08:28:27 PM »

Offline KGs Knee

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Maybe we should just let Mexico have California back.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #14 on: October 24, 2017, 08:41:59 PM »

Offline SCeltic34

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The California socialist regime  cares more about not offending the gay lobby than it does for protecting it's people.  Imagine whether your homosexual or straight and a sex partner gave you HIV  knowing that they are HIV positive. To me this is serious and irresponsible and the most they will get is a slap on the hand with a misdemeanor.

I both live in California and have worked in an HIV specialty clinic, and this is one of the stupidest things I have ever read.


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