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Law for AIDS being used as murder? schoold project hellp?


Hi im writing a fake bill for my history class and it is about how AIDS can be used as murder, and this is it.

Be it enacted
That a patient with the blood born path disease AIDS knowingly infects another person, will be charged as if they used a weapon.

Do the you people of the United states thinks that is a fair bill if it was to actully be passed as a real law. and if you do what do you think would be good consequences for that person actions?

Also if you have any information on new articles on people who have used AIDS to harm others lives?

P.S please dont but anything bad done if you dont agree just postive thing and good consequences.

Thank you!

i like the idea. I think the punishment should be same as any other murderer. Pre meditated 1st degree murder. being that theres no cure they effectively killed the other person

Theres already a law. people with aids that knowingly infect another are charged with manslaughter

I am concerned that it may be hard to prove whether or not someone willingly used AiDS as a weapon because they could always come up with an excuse if they did, like I didn't know I had AIDS or maybe, I thought if I used a condom it wouldn't spread but it's not my fault the condom broke.

People with AIDS are living a death sentence already, sending them to prison would be a good punishment, just like sending a murderer to prison (assuming you found they did willingly commit this crime of spreading AIDS and infecting people) but they might want to make a special division in prison for these people or they might infect other prisoners (gay sex) and staff even if it accidental. They'll always have that weapon 'on them' so to speak, you can't take it away from them so it is a stick situation to put them in jail.

Knowingly transmitting AIDS is generally not going to be a murder for a few reasons. Primarily, the common law rule in effect in nearly every state is that death must occur within a year and a day of the act in order for the act to be punished as murder. Calling AIDS like a weapons enhancement will not serve much purpose. For example, if the transmission occurs in a misdemeanor, like a battery, enhancing the misdemeanor is not very significant. If you want to make a difference, make a new law making it a crime for a person who knows he is infected to have sex or to otherwise purposefully cause the transmission of bodily fluids to another. You don't have to call it murder, or using a weapon, you can make a whole new crime. If you want it to be like murder, fix the penalty for knowingly transmitting fluids at life imprisonment.

Alright, let's see

1. You might want to change the wording; replace "Blood born path disease AIDS" with "Blood born virus HIV"

2. You haven't taken into account "consent" between sexual partners. There was actually a similar case in Canada, where a man named Cuerrier was tested HIV-positive, and although his partners consented to have you-know-what, he didn't tell them he had HIV. The Crown charged him with Aggravated Assault (not sure about the outcome)

3. Then there is the whole "Mens Rea" thing. Guilty mind. Just because someone who is HIV-positive doesn't automatically mean that anyone who has sex with them becomes infected. People don't just go around having sex purely for the purpose of spreading HIV.

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