Quote:
Originally Posted by KSig RC
These points are all well taken, but they are accounted for under existing HIV transmission statutes - it's not "attempted murder", it's simply criminalized behavior in that it's illegal to knowingly hide your HIV status in many states while engaging in behavior you know can transfer the virus. It's as simple as that - passing it onto your child is not a decision, per se, so that's not a strong argument against the laws.
There are some privacy issues with HIV transmission laws (the links I gave earlier go through them), and some difficulty prosecuting if you can't verify medical tests or records, but the risks and ability to pass the virus should be considered well-known to any reasonable adult with the virus. I have no problem with these kinds of laws for that reason - comparisons to the common cold are incredibly faulty, because this is really the only disease that is both fatal, and transmitted to another both easily and without their knowledge.
It would certainly be illegal to inject someone with any other sort of agent that would cause eventual death, or crippling disease - that is, for lack of a better term, essentially what is happening in these cases. I just don't see analogous situations arising from your points. It's not really a fine line or slippery slope thing - this is really one of a kind.
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ok fair assessment. making a common cold analogous to HIV is pretty far-fetched - i was trying to make a simple comparison which didnt work out so well. i do hear all that you're saying. im just wondering if similar laws exist for people who pass on life-threatening diseases knowingly.
and another thing - couldnt someone legitimately testify that they didnt know their status if its invasion of privacy (or whatever the legal issue behind it) to find out if someone's been tested (or find out someone's status)? i'm asking this based on the OP's comment on the radio caller, CDC and HIPPA.
p.s. going around spreading HIV because you're bitter that you've contracted it is LAME, to say the least.
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