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To Live or Die in LA if you have sex......

Posted by on Oct. 9, 2017 at 4:26 PM
  • 44 Replies

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

Knowingly exposing others to HIV will no longer be a felony in California
Tribune Publishing Co.

Gov. Jerry Brown signed a bill Friday that lowers from a felony to a misdemeanor the crime of knowingly exposing a sexual partner to HIVwithout 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.

by on Oct. 9, 2017 at 4:26 PM
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Replies (1-10):
pvtjokerus
by Gold Member on Oct. 9, 2017 at 4:33 PM
3 moms liked this

Just like the drug sentencing guidelines....you lower them and you will have more incidents.

sillygirl83
by Silver Member on Oct. 9, 2017 at 4:38 PM
3 moms liked this
Are they insane?!!
Meowmuffin
by Silver Member on Oct. 9, 2017 at 5:00 PM
1 mom liked this

Well considering HIV is no longer a death sentence this makes sense. 

Meowmuffin
by Silver Member on Oct. 9, 2017 at 5:26 PM
1 mom liked this

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 


Quoting sillygirl83: Are they insane?!!


sillygirl83
by Silver Member on Oct. 9, 2017 at 5:35 PM
Oh wow. That's a bit more complicated situation than I realized. What you say makes sense. It still makes me nervous though because I know of at least one person who several years back was HIV positive and deliberately having unprotected sex with people and trying to infect them.

Quoting Meowmuffin:

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 

Quoting sillygirl83: Are they insane?!!

2012Rabbit12
by Platinum Member on Oct. 9, 2017 at 6:21 PM
2 moms liked this
This is why when you (general you) get into a relationship with someone, you make sure your protected. There's nothing wrong with insisting somebody get tested before having sex with them, or insisting on a condom being worn at the least. Aside from rape victims, we all have a choice. Being that people do lie, or say they are clean when they don't know for sure, our responsibility to protect ourselves begins with us.

Quoting sillygirl83: Oh wow. That's a bit more complicated situation than I realized. What you say makes sense. It still makes me nervous though because I know of at least one person who several years back was HIV positive and deliberately having unprotected sex with people and trying to infect them.

Quoting Meowmuffin:

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 

Quoting sillygirl83: Are they insane?!!

sillygirl83
by Silver Member on Oct. 9, 2017 at 6:24 PM
1 mom liked this
Good points.

Quoting 2012Rabbit12: This is why when you (general you) get into a relationship with someone, you make sure your protected. There's nothing wrong with insisting somebody get tested before having sex with them, or insisting on a condom being worn at the least. Aside from rape victims, we all have a choice. Being that people do lie, or say they are clean when they don't know for sure, our responsibility to protect ourselves begins with us.

Quoting sillygirl83: Oh wow. That's a bit more complicated situation than I realized. What you say makes sense. It still makes me nervous though because I know of at least one person who several years back was HIV positive and deliberately having unprotected sex with people and trying to infect them.

Quoting Meowmuffin:

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 

Quoting sillygirl83: Are they insane?!!

Meowmuffin
by Silver Member on Oct. 9, 2017 at 9:06 PM
1 mom liked this

This is exactly why we should be promoting safe sex as a society. not just directed at teens or the gay community. Since Viagra the rate of STIs including HIV has gone up dramatically among the over 55 community. 

safe sex at any age will prevent most new infections as well as the lesser STDs and unwated pregnacy of course. 

Quoting sillygirl83: Oh wow. That's a bit more complicated situation than I realized. What you say makes sense. It still makes me nervous though because I know of at least one person who several years back was HIV positive and deliberately having unprotected sex with people and trying to infect them.
Quoting Meowmuffin:

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 

Quoting sillygirl83: Are they insane?!!


adorkablemommie
by Bronze Member on Oct. 9, 2017 at 9:20 PM
2 moms liked this
The title is a bit over the top isn't it?
No one dies of HIV anymore. That's so 1990's just like this law is soooo 1980's.
We're grown ups now we don't need stupid laws we have condoms!
adorkablemommie
by Bronze Member on Oct. 9, 2017 at 9:23 PM
This really fascinates me. Did the person that was HIV+ tell you why he/she wanted to spread the disease? That's really something sick. Sometimes if left untreated HIV can cause brain infections and make people do really crazy stuff, maybe that was the problem here? Maybe they were just a horrible person?
Quoting sillygirl83: Oh wow. That's a bit more complicated situation than I realized. What you say makes sense. It still makes me nervous though because I know of at least one person who several years back was HIV positive and deliberately having unprotected sex with people and trying to infect them.
Quoting Meowmuffin:

No they are not insane. HIV is no longer the scary death disease they thought it was. The problem is, the way the law is written in California anyone with HIV that has sex even if they don't infect another person they could be charged with a felony even if it's protected sex. So we have a huge number of HIV positive inmates in the Ca prison system that shouldn't even be there in the first place. 

The other reason they did this is, there's no point in prosecuting people for donating tainted blood anymore. They test every drop of blood they get now. When this law was created they were not testing blood for HIV. 

Honestly as someone that works in a hospital and used to prison and has been exposed to peoples bodily fluids (and I was stuck with a needle a few times thanks to uncooperative inmates) I think it's about damn time! HIV is the only virus that is treated in this manner but it's not the only one that is devastating!  HepC is far worse and more easily passed around than HIV. One of my co-workers was spite on by a man with HepC  (it was nasty I was witness to it) she contracted HepC as a result and you know how they say there's a cure for it and everything? LIES! there's a cure for some people. Black people and Asians don't respond to the "cure". My co worker is Asian. She is spending thousands a month on medications for HepC, the stuff they give to people that don't respond to Interferon. Yet HepC isn't treated like HIV.

There's also the case of a San Jose Ca. woman who was HIV positive. She was raped over a period of several days. Her rapist contracted HIV from the attack but she was prosecuted under the same law! She's the victim! She was given time served but still, why do this to people unless we're willing to prosecute anyone with a communicable disease ? 

Quoting sillygirl83: Are they insane?!!

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