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Knowingly exposing others to HIV will no longer be a felony in California

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Knowingly exposing others to HIV will no longer be a felony in California

Old 10-07-17, 03:49 PM
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Knowingly exposing others to HIV will no longer be a felony in California

In my opinion, this is a bad idea.


http://www.latimes.com/politics/esse...htmlstory.html

Knowingly exposing others to HIV will no longer be a felony in California

October 6, 2017

Gov. Jerry Brown signed a bill Friday that lowers from a felony to a misdemeanor the crime of knowingly exposing a sexual partner to HIV without disclosing the infection.

The measure also applies to those who give blood without telling the blood bank that they are HIV-positive.

Modern medicine allows those with HIV to live longer lives and nearly eliminates the possibility of transmission, according to state Sen. Scott Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), authors of the bill.

“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” Wiener said in a statement. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does.”

Supporters of the change said the current law requires an intent to transmit HIV to justify a felony, but others noted cases have been prosecuted where there was no physical contact, so there was an argument intent was lacking.

Brown declined to comment on his action.

HIV has been the only communicable disease for which exposure is a felony under California law. The current law, Wiener argued, may convince people not to be tested for HIV, because without a test they cannot be charged with a felony if they expose a partner to the infection.

“We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” Wiener said.

Supporters of the bill said women engaging in prostitution are disproportionately targeted with criminal charges, even in cases where the infection is not transmitted.

Republican lawmakers including Sen. Joel Anderson of Alpine voted against the bill, arguing it puts the public at risk.

“I’m of the mind that if you purposefully inflict another with a disease that alters their lifestyle the rest of their life, puts them on a regimen of medications to maintain any kind of normalcy, it should be a felony,” Anderson said during the floor debate. “It’s absolutely crazy to me that we should go light on this.”

Anderson said the answer could be to extend tougher penalties to those who expose others to other infectious diseases.
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Old 10-07-17, 04:25 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Modern drugs reduce the viral load to undetectable levels. It's safe to have sex with an HIV+ person who's keeping up with their meds. There is a debate whether someone who knows their viral load is undetectable has to announce that they're positive. There is no reason for that to be a felony.
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Old 10-07-17, 07:07 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Let me get this straight: a person can knowingly infect another person with a potentially lethal retrovirus and it's a FUCKING MISDEMEANOR?! What's next, drunk drivers merely getting a ticket?
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Old 10-07-17, 10:10 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

The current law, Wiener argued, may convince people not to be tested for HIV, because without a test they cannot be charged with a felony if they expose a partner to the infection.
So is this change intended to help people that don't check or increase people in being tested for HIV?
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Old 10-07-17, 10:15 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Free to donate HIV blood? No way!
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Old 10-08-17, 12:16 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Influenza killed more people in 1918 alone than AIDS did in thirty years. Should I have the person who gave the flu last month charged with a felony?

If not, why should a person who has non-infectious HIV be prosecuted?
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Old 10-08-17, 02:58 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Nick Danger View Post
Influenza killed more people in 1918 alone than AIDS did in thirty years. Should I have the person who gave the flu last month charged with a felony?

If not, why should a person who has non-infectious HIV be prosecuted?
Because it's a fucking incurable disease and without EXPENSIVE treatment it can still kill you slowly and horrifically. If someone KNOWINGLY gave me HIV,
I'd be calling the authorities in a nanosecond and getting a junkyard dog lawyer.

Last edited by PatD; 10-09-17 at 11:03 PM.
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Old 10-08-17, 03:02 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by PatD View Post
Because it's a fucking incurable disease and without EXPENSIVE treatment it can still kill you slowly and horrifically. If someone KNOWINGLY gave me HIV, I would want them executed on sight.
But what if they were HIV+ but there was zero chance of infecting you? That's what the law is about. People with antibodies but no viruses being arrested for having sex without declaring their status.
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Old 10-08-17, 03:12 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Nick Danger View Post
But what if they were HIV+ but there was zero chance of infecting you? That's what the law is about. People with antibodies but no viruses being arrested for having sex without declaring their status.
That's still reckless endangerment as far as I'm concerned. "What if you drive drunk and don't kill anybody?"
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Old 10-08-17, 03:45 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by PatD View Post
That's still reckless endangerment as far as I'm concerned. "What if you drive drunk and don't kill anybody?"
Um, no. What if I was drunk in the past, but now there is no detectable alcohol in my blood?
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Old 10-08-17, 05:05 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Nick Danger View Post
Um, no. What if I was drunk in the past, but now there is no detectable alcohol in my blood?
It's reckless endangerment if someone who misses a does of two of antiretrovirals (or however long it takes to make them potentially infectious) and whoops! neglects to tell their partner about their HIV infection. That HIV infected person has a responsibility to inform others of risks--it's consideration for others. I've tried to tow the politically correct line as best I can, but even I have my limits.
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Old 10-08-17, 05:42 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

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Old 10-08-17, 05:44 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by PatD View Post
It's reckless endangerment if someone who misses a does of two of antiretrovirals (or however long it takes to make them potentially infectious) and whoops! neglects to tell their partner about their HIV infection. That HIV infected person has a responsibility to inform others of risks--it's consideration for others. I've tried to tow the politically correct line as best I can, but even I have my limits.
Didn’t you start The he-man woman haters club thread or whatever that SJW bashing thread was? Tried to tow the politically correct line.
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Old 10-08-17, 06:32 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Supermallet View Post
Didn’t you start The he-man woman haters club thread or whatever that SJW bashing thread was? Tried to tow the politically correct line.
Toe the line. Everybody stands with their toes just behind a line on the floor. Not tow the line, pull on a rope.
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Old 10-08-17, 06:51 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Happiest day in years for Charlie Sheen!
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Old 10-08-17, 06:53 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Nick Danger View Post
Toe the line. Everybody stands with their toes just behind a line on the floor. Not tow the line, pull on a rope.


Thank you.
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Old 10-08-17, 07:02 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by mspmms View Post
"And when there were no crawdads, we ate sand."

"You ate sand?"

"We ate sand."
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Old 10-08-17, 07:29 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Nick Danger View Post
Toe the line. Everybody stands with their toes just behind a line on the floor. Not tow the line, pull on a rope.
When I first heard the expression, from the context, I assumed it was "tow the line," as in "pull/support the official position."
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Old 10-08-17, 07:55 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Just so people understand the limited scope of this:

The existing laws have had a limited, but nonetheless very real, effect. According to a 2015 study by the Williams Institute at the UCLA School of Law, 800 people came into contact with the California criminal justice system between 1988 and 2014 “either under an HIV-specific law or under the misdemeanor exposure law as it related to a person’s HIV-positive status.” Of those, 95 percent engaged in sex work or were suspected of doing so.
So there have been an average of roughly 50 cases a year. Of those, roughly 2 do not involve sex workers. The new law seems to have a more significant scope, not just HIV but dealing with all communicable diseases. I suspect lessening the penalty will promote greater access to treatment and lower the high bar for prosecutors. I understand the blowback, and have sort of mixed feelings, but it does make a good deal to sense. The best way to deal with this issue would seem to be how Nevada does it and have state regulated legalized prostitution.
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Old 10-08-17, 08:11 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Sonic View Post
Free to donate HIV blood? No way!
You do know this isn't about donating blood, right?
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Old 10-08-17, 08:12 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by creekdipper View Post
"And when there were no crawdads, we ate sand."

"You ate sand?"

"We ate sand."
"Then one day I decided to make my own crawdad ..."
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Old 10-08-17, 08:41 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Vibiana View Post
You do know this isn't about donating blood, right?
and even if you DID donate and lied about having HIV... don't they still thoroughly test all blood that gets donated?
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Old 10-08-17, 08:46 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by Supermallet View Post
Didn’t you start The he-man woman haters club thread or whatever that SJW bashing thread was?
No I didn't. Also, I thought political correctness would be having consideration for others. Does not informing a potential sex partner of an incurable potentially deadly disease fly in the face of that?
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Old 10-08-17, 08:52 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by PatD View Post
No I didn't. Also, I thought political correctness would be having consideration for others. Does not informing a potential sex partner of an incurable potentially deadlry disease fly in the face of that?
Your confusing political correctness with having common human decency. They're easy to confuse now, given the later is so frequently lacking these days.
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Old 10-08-17, 08:55 PM
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Re: Knowingly exposing others to HIV will no longer be a felony in California

Originally Posted by JasonX View Post
Your confusing political correctness with having common human decency. They're easy to confuse now, given the later is so frequently lacking these days.
No kidding. And not disclosing is the epitome of lacking human decency.
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