We had a call from a member who is looking to allege knowing transmission of HIV as a deadly weapon in a sexual assault case.

Two questions: (1) Have any of you dealt with something similar? (We've had calls about using the HIV factor as an element in assault cases or attempted murder cases, but not as a deadly weapon.) (2) Do you see any problems with getting a search warrant to get a blood sample to prove the HIV status? (The defendant is currently being treated for HIV while he's in jail awaiting trial.)

Hey, if a frog can be a deadly weapon (see previous issue of Texas Prosecutor), why not a disease?

The lead case is Weeks v. State, 834 S.W.2d 559 (Tex. App. -- Eastland 1992, PDR Ref'd). A guy spit into a prison guards face, knowing he had AIDS, and in an attempt to transmit the disease. Seems that a DW finding would work there....