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From: bcw@rti.rti.org (Bruce Wright)
Newsgroups: sci.med.aids
Subject: Re: An AIDS Issue:  Please respond (v.2)
Summary: Probably not murder ...
Message-ID: <1991Feb11.133544.3613@cs.ucla.edu>
Date: 11 Feb 91 03:37:25 GMT
References: <1991Feb1.115859.12276@cs.ucla.edu>
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In article <1991Feb1.115859.12276@cs.ucla.edu>, dsals@vms.macc.wisc.edu (David Sals) writes:
> 
> If a person knows that they have AIDS (or HIV), and engages in
> sexual activities without telling their partner of this disease,
> and if the partner contracts the AIDS virus and dies, should the
> first person be charged with murder?

I don't believe that this would constitute murder in most States.
In order for murder to be found, there has to be malice, and this
would be very difficult to show under these circumstances.  It
could very well be construed as manslaughter - killing someone
inadvertently through reckless disregard for the safety and lives
of other people.  That's still a felony, but _much_ less serious:
nobody gets executed for manslaughter.

In practical terms, I sort of doubt that such a case would ever
be brought to trial - it would be difficult to _prove_ that that
was how AIDS had been contracted (rather than from another source),
and besides most court systems are busy enough as it is, this kind
of case would have to drain effort away from other important cases.

A case of reckless endangerment might be more tenable (since you
don't have to prove cause).  Even so I sort of doubt most criminal
courts would find it worth their while.  Not so for civil suits
which could be brought by the injured party or their estate ...
but that's a different matter.

						Bruce C. Wright