Author Topic: California makes knowingly exposing others to HIV a misdemeanor  (Read 763 times)

0 Members and 1 Guest are viewing this topic.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #15 on: October 24, 2017, 08:42:32 PM »

Offline fairweatherfan

  • Kevin Garnett
  • *****************
  • Posts: 17694
  • Tommy Points: 2365
  • Be the posts you wish to see in the world.
Given that exposure doesn't mean transmission and treatments that reduce viral load can make those with HIV virtually or actually noninfectious, it seems wrong to treat actions that create no actual or potential harm as felonies.

Actual infection should probably be a different situation, it's still a very serious disease, but that creates a thorny situation where you have to delineate which other transmissible diseases should fall into the same category.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #16 on: October 25, 2017, 10:11:03 AM »

Offline kozlodoev

  • JoJo White
  • ****************
  • Posts: 16298
  • Tommy Points: 1152
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.
So you're saying that exposing people to genital herpes should be a felony?
(Formerly) managing Rilski Sportist to glory at http://www.buzzerbeater.com

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #17 on: October 25, 2017, 10:20:27 AM »

Offline wdleehi

  • In The Rafters
  • Walter Brown
  • ********************************
  • Posts: 32586
  • Tommy Points: 1511
  • Pre-school artwork
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.


Any statement that starts with such an extreme (in either direction; for example "greedy capitalist pigs") almost never has useful information following it. 

Knicks: Irving, Drummond, Marcus Morris, S. Muhammad, C. Lee, Sullinger, Hield, M. Chriss , V. Carter, T. Zeller, N. Cole, T. Prince, Livio Jean-Charles, Tyler Ulis, N. Collison

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #18 on: October 25, 2017, 10:20:32 AM »

Online Roy H.

  • Forums Manager
  • Walter Brown
  • ********************************
  • Posts: 32977
  • Tommy Points: -27981
  • 33,333 posts and counting . . .
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.
So you're saying that exposing people to genital herpes should be a felony?

If you consider genital herpes to be "life-altering", you probably have a different sort of life than the average person.

But sure.  If you intentionally expose somebody to any STD without telling them about it, it should be a potential felony.  Is giving somebody a permanent disease less serious than any other intentional conduct that causes serious bodily injury to somebody? 


Once a CrotoNat, always a CrotoNat.  CelticsBlog Draft Champions, 2009 & 2012;
DKC Draft 2015 Champions and beyond...

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #19 on: October 25, 2017, 10:29:05 AM »

Offline kozlodoev

  • JoJo White
  • ****************
  • Posts: 16298
  • Tommy Points: 1152
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.
So you're saying that exposing people to genital herpes should be a felony?

If you consider genital herpes to be "life-altering", you probably have a different sort of life than the average person.

But sure.  If you intentionally expose somebody to any STD without telling them about it, it should be a potential felony.  Is giving somebody a permanent disease less serious than any other intentional conduct that causes serious bodily injury to somebody?
It's an incurable condition that requires you to be on medication and makes contracting other STDs easier. It's not HIV, but it's not a walk in the park.

As usual, the truth is somewhere in-between. There was someone with undetectable viral load who had sex with a condom and got sentenced to 25 years in jail and is now required to register as a sex offender (which, incidentally, means also means he can't even be left alone with his nieces and nephews anymore). Does this sound justice to you?
(Formerly) managing Rilski Sportist to glory at http://www.buzzerbeater.com

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #20 on: October 25, 2017, 10:34:47 AM »

Offline rondohondo

  • Danny Ainge
  • **********
  • Posts: 10539
  • Tommy Points: 1073
Surprised no one has addressed the donating blood part , while knowingly having HIV.

It is now a misdemeanor .

What is the point of this?

How does it help anyone?

Insanity...

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #21 on: October 25, 2017, 10:45:07 AM »

Offline greece666

  • Paul Silas
  • ******
  • Posts: 6439
  • Tommy Points: 1034
  • Head Paperboy at Greenville
What are the current penalties for knowingly exposing someone to HIV?

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #22 on: October 25, 2017, 10:52:49 AM »

Online Roy H.

  • Forums Manager
  • Walter Brown
  • ********************************
  • Posts: 32977
  • Tommy Points: -27981
  • 33,333 posts and counting . . .
=

As usual, the truth is somewhere in-between. There was someone with undetectable viral load who had sex with a condom and got sentenced to 25 years in jail and is now required to register as a sex offender (which, incidentally, means also means he can't even be left alone with his nieces and nephews anymore). Does this sound justice to you?

On the surface, no.  That's not the typical case, though, and I wonder why the prosecutor asked for 25 years, and why the judge imposed it.  Did he have priors?  Was it a three strikes case?


Once a CrotoNat, always a CrotoNat.  CelticsBlog Draft Champions, 2009 & 2012;
DKC Draft 2015 Champions and beyond...

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #23 on: October 25, 2017, 10:56:32 AM »

Online Roy H.

  • Forums Manager
  • Walter Brown
  • ********************************
  • Posts: 32977
  • Tommy Points: -27981
  • 33,333 posts and counting . . .
Surprised no one has addressed the donating blood part , while knowingly having HIV.

It is now a misdemeanor .

What is the point of this?

How does it help anyone?

Insanity...

Seemingly, that could increase the rate of HIV infection.  Treatable or not, HIV treatment is extremely expensive (approximately $400k per person), burdening an already collapsing health care system.

I assume that there are safeguards, though.  How is blood tested before being used in a transfusion?  How effective are those tests?


Once a CrotoNat, always a CrotoNat.  CelticsBlog Draft Champions, 2009 & 2012;
DKC Draft 2015 Champions and beyond...

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #24 on: October 25, 2017, 10:58:43 AM »

Offline kozlodoev

  • JoJo White
  • ****************
  • Posts: 16298
  • Tommy Points: 1152
=

As usual, the truth is somewhere in-between. There was someone with undetectable viral load who had sex with a condom and got sentenced to 25 years in jail and is now required to register as a sex offender (which, incidentally, means also means he can't even be left alone with his nieces and nephews anymore). Does this sound justice to you?

On the surface, no.  That's not the typical case, though, and I wonder why the prosecutor asked for 25 years, and why the judge imposed it.  Did he have priors?  Was it a three strikes case?
Not sure. It was the max under statute in ID, and has since been reduced to time served. It sounds like the guy just had poor counsel and pleaded guilty.
(Formerly) managing Rilski Sportist to glory at http://www.buzzerbeater.com

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #25 on: October 25, 2017, 11:00:29 AM »

Offline kozlodoev

  • JoJo White
  • ****************
  • Posts: 16298
  • Tommy Points: 1152
What are the current penalties for knowingly exposing someone to HIV?
Depends. It's typically a state statute, and in many states it's criminalized as aggravated assault. Not a legal expert, but my understanding is this can typically lead to long prison sentences.
(Formerly) managing Rilski Sportist to glory at http://www.buzzerbeater.com

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #26 on: October 25, 2017, 11:01:08 AM »

Online Roy H.

  • Forums Manager
  • Walter Brown
  • ********************************
  • Posts: 32977
  • Tommy Points: -27981
  • 33,333 posts and counting . . .
=

As usual, the truth is somewhere in-between. There was someone with undetectable viral load who had sex with a condom and got sentenced to 25 years in jail and is now required to register as a sex offender (which, incidentally, means also means he can't even be left alone with his nieces and nephews anymore). Does this sound justice to you?

On the surface, no.  That's not the typical case, though, and I wonder why the prosecutor asked for 25 years, and why the judge imposed it.  Did he have priors?  Was it a three strikes case?
Not sure. It was the max under statute in ID, and has since been reduced to time served. It sounds like the guy just had poor counsel and pleaded guilty.

Here's the other side of the coin:

https://www.washingtonpost.com/news/morning-mix/wp/2015/05/05/man-who-knowingly-spread-hiv-sentenced-to-six-months-judge-calls-it-a-travesty/?utm_term=.1043fa6251a1

As you said, there's a middle ground.  I don't like taking away discretion from judges and prosecutors in egregious cases.


Once a CrotoNat, always a CrotoNat.  CelticsBlog Draft Champions, 2009 & 2012;
DKC Draft 2015 Champions and beyond...

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #27 on: October 25, 2017, 11:02:18 AM »

Offline jambr380

  • Paul Silas
  • ******
  • Posts: 6846
  • Tommy Points: 856
Surprised no one has addressed the donating blood part , while knowingly having HIV.

It is now a misdemeanor .

What is the point of this?

How does it help anyone?

Insanity...

I am not sure if that part was explained well enough in the article. If it is documented that you have HIV and you go to the blood bank and try to pass off your blood as 'normal', then there does seem to be malicious intent.

Perhaps the testing for donated blood is so streamline that it isn't really an issue anymore or maybe the person doesn't really know they are infected. Regardless, this seems hard to prove without medical records.

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #28 on: October 25, 2017, 11:04:17 AM »

Offline celticsclay

  • Tiny Archibald
  • *******
  • Posts: 7796
  • Tommy Points: 893
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.
So you're saying that exposing people to genital herpes should be a felony?

If you consider genital herpes to be "life-altering", you probably have a different sort of life than the average person.

But sure.  If you intentionally expose somebody to any STD without telling them about it, it should be a potential felony.  Is giving somebody a permanent disease less serious than any other intentional conduct that causes serious bodily injury to somebody?

I don't even know if I agree or disagree with the larger arguments but your sentence on having a different definition of "life altering" cracked me up Roy

Re: California makes knowingly exposing others to HIV a misdemeanor
« Reply #29 on: October 25, 2017, 11:09:56 AM »

Offline gift

  • Bill Walton
  • *
  • Posts: 1148
  • Tommy Points: 123
Doesn't sound like the most terrible move, but I'd hope the victims still had civil recourse in these cases. That should help them with medical costs, additional suffering and serve as a further penalty to those responsible for disclosure.

Also, if there's a repeater penalty for someone who seems to have a way of making this 'honest' mistake more than once, that might be appropriate.