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<Markus Kypreos>
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What's the charge when a defendant, aware that he has HIV, conceals the disease from the victim and knowlingly transmits the disease to a victim?
 
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<Markus Kypreos>
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I'll answer my own question and just go with agg. assault. I think attempted murder is too much, even though Weeks v. State may say otherwise.

I still think intent is too hard to prove.
 
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Weeks' intent wasn't too hard for us (well, "us" might not be quite honest, due to the fact that I was only the investigator working the case up -- Mark Patterson is the actual "us" in that situation) Curtis Weeks was captured on video tape, telling the officer "I'm HIV-4, and I'm going to kill you!" then he drug up an oyster from the abyss and spat into the officer's face.

He got life and died in prison.
 
Posts: 751 | Location: Huntsville, Tx | Registered: January 31, 2001Reply With QuoteReport This Post
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HB 43

This bill would require TDCJ to test all inmates for HIV before they are released. We have been asked how many prosecutions there have been involving HIV transmission (regardless of whether inmates were involved). Other than the Weeks case, anyone know of some? If so, please post details here or email me at edmonds@tdcaa.com.
 
Posts: 2430 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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Nowaday, Weeks would not have died in prison. That's because the law has created a loophole for early release for medical reasons. TDCJ is looking to reduce medical costs by releasing on parole those inmates who have very expensive medical problems.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Marcus, I think we ran into a dead end on this topic before. HIV Infectors
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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