Will that person be charged with murder or attempted murder?
2007-03-27 20:39:08 · 12 answers · asked by StingRay 2 in Politics & Government ➔ Law & Ethics
Maybe the word "stabbing" is too violent and paints the picture of violence and assault. Let's replace "stabbing" with "injecting". The point here is infecting some1, not assaulting them. Another example of deliberately infecting some1 is by screwing them skin-to-skin while you know you're HIV positive. And Oh! please guys, "Yes" is not an answer, because I dunno if it means murder or attempted murder. Have an ice day
2007-03-27 20:57:21 · update #1
There have been cases where an infected person that knowingly has the disease and fails to inform his partners that he is HIV positive have been charged with attempted murder but most, if not all, have been plead down to reduced charges.
More likely, if the case is intentional, a conviction of Assault is more likely to be proven and stick. In the case of Brian Stewart, 32 year old man that intentionally injected his 11 month old son with the HIV virus to avoid paying child support payments was convicted on Assault charges, but may be eligible parole in 15 years.
2007-03-28 01:18:19 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
The main word here is Deliberately, the person who was deliberately stabbed will have to prove it was deliberate, what was the motive behind the stabbing? If nobody died from this, it is attempted murder, if someone dies, it is murder. A lawyer will have to prove intent, meaning what did the person who stabbed another person have to gain? Could be money, could because he/she wanted the person out of their life because a jealous bf/gf, but intent must be shown. An infected needle is no different from another object that kills, it is just a different form of act displayed. Let me ask you - if you get run over by a car or stabbed by a needle, there is no difference, is there?
2007-03-28 05:13:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The answer is, yes.
First, the person would be charged with battery for stabbing the person.
Second, the deliberate transmission of HIV is a crime in most states in the United States.
2007-03-27 20:47:19 · answer #3 · answered by vegas mark 2 · 1⤊ 0⤋
If the person being jabbed by the infected needle knew that it was possibly infected, but still let the other person use it on them, I don't think there is anything they can do. But if it was forced onto or into the person then you maybe able to charge them with something, exactly what though I don't know.
2007-03-27 21:14:06 · answer #4 · answered by Alwyn C 5 · 0⤊ 0⤋
In most cases, yes. In fact, people have been charged with aggravated assault/attempted murder for knowingly having unprotected sex with someone after being diagnosed.
2007-03-27 20:43:15 · answer #5 · answered by Memphis Lawdog 3 · 1⤊ 0⤋
The guy in the East that was having sex with women who did not know that he was HIV+ and he did, and was willfully infecting women was charged with Murder as they will die, since there is no cure for it.
2007-03-27 20:45:28 · answer #6 · answered by Hawaiisweetie 3 · 1⤊ 0⤋
Yes. In fact there is legal precedent for this in the United States. I don't know about other countries but these people should absolutely be charged because of the intent.
2007-03-27 20:45:05 · answer #7 · answered by Sven B 6 · 2⤊ 0⤋
Don't think it would be a murder or attempted murder, because a person with HIV will not neccerly die. It woluld certainly be serious felony
2007-03-27 20:55:29 · answer #8 · answered by fatstan@sbcglobal.net 2 · 0⤊ 0⤋
I dont think it will be attempted murder because it cannot kill with the stab, but, althought close, I still think it is classified under something else
2007-03-27 20:42:39 · answer #9 · answered by Anonymous · 0⤊ 2⤋
the charge is murder
2007-03-27 20:43:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋