Criminalizing HIV : Update

We’ve visited this before, but now a man in Georgia he pled guilty to a felony for exposing others to HIV.

The Mad Professor has some worry about the law, as do I, but I can’t agree with everything that he says.

I actually don’t find the GA law troubling. I actually find the CA law too narrow. The CA law requires the intent to infect the other person, as opposed to just the reckless disregard of the other person’s safety. I think that makes the CA law too hard to enforce. The GA law requires knowledge that you’re infected, and failure to disclose the infection prior to sexual activity. I don’t see anything wrong with that.

Especially in this case, where it appears the other person allegedly asked for the HIV status and was apparently lied to.

I do agree that people who engage in unsafe sex need to take some responsibility for themselves and, honestly, I don’t think that in a civil case, the non-infected person's contributory negligence should be allowed, but not in a criminal case.

Wannabeleader said (at November 18, 2005 10:36 AM):