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A comment on The global fight against HIV is at risk. Parent comment

Re:The global fight against HIV is at risk by AmericanChopper on Saturday November 04, 2023 @01:18PM (#38143083)
I think the parent may have been referring to actual laws that exist today, rather than DOJ recommendations. Like in California where it is perfectly legal for an HIV positive person to have unprotected sex with somebody else, without disclosing it, so long as it wasn’t specifically their intention to infect the other person. If it was specifically their intention to infect the other person (good luck proving that btw), then it’s a misdemeanour.

https://www.shouselaw.com/ca/blog/laws/do-i-have-to-tell-a-s...

[ Parent | on HN ]
Re:The global fight against HIV is at risk by striking on Saturday November 04, 2023 @01:43PM (#38143354)
So, still a crime, even if a misdemeanor? Pretty sure it's still negligence if you actually infect someone, as per your link:

> A defendant might be negligent for infecting a partner with HIV if:

    The defendant knew he or she had AIDS or was HIV-positive;
    The defendant was negligent in not disclosing his/her status and/or not using a condom or dental dam; and
    As a result of that negligence, the plaintiff acquired the disease through the transmission of HIV and suffered damages  (such as medical bills and/or pain and suffering).
[ Parent | on HN ]
Re:The global fight against HIV is at risk by AmericanChopper on Saturday November 04, 2023 @03:31PM (#38144334)
No, not a crime at all, unless you can somehow prove they were intentionally trying to infect the person.

It might still be a tort, but anything can be a tort.

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