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I'm not trying to be a devil's advocate or in any way argue on this guy's side, but just a question, does there have to be known "intent" in these cases, or does the fact that he is HIV-positive negate that? As in, does he have to say, "Oh, yeah, well have some AIDS, copper!" and then spit, obviously showing intent to harm, or does his spitting at anyone at anytime make it an "assault" because he carries the virus? Because don't some people just spit in people's faces out of frustration and to show disrespect as a matter of course, not in an "I'm gonna get you with my germs" kind of way?
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