Criminal Law Regarding Hiv Disclosure

Homicide is defined as the killing of another human being by another person. When a homicide occurs, there are distinctions in the law as to the type of homicide committed, such as first degree, or premeditated murder, second degree murder, manslaughter, and negligent. In order to determine which type occurred, the elements of the incident are examined. These are intent, whether criminal or negligible, the act, and the causation. Each of these elements will determine the consequences a person might be facing.

Intent falls under the guise of specific, such as the planned murder of another, while general can be a very broad and more abstract concept. In the category of general intent, this would be the act of someone who is aware of the possibilities, and yet follows through on action. A person knows alcohol impairs judgment, so if they operate a vehicle and cause an accident resulting death this would fall under causation of their actions. Another example is a diabetic, aware their blood sugar is low, but drives, can be charged also (Lectlaw, 2013).

The act is the defining what the person actually did to cause the homicide, such as deliberately fire a gun, or setting a bomb. This would also be the same for the person who is intoxicated and is involved in a physical confrontation, resulting in death. Even though they had no intention of killing, their actions impaired their judgment. Causation is the attempt to prove that the events and actions by a person caused the death of another and is directly responsible for the death.

Proof can be determined by gathering of evidence, autopsies and other means of information. Can Ken be convicted of a homicide offense? Explain and justify your answer. If Barbie does not die, what are the possible charges? Explain. Federal law was enacted in 1990 mandating the states criminalize the intentional transmission of HIV to another person, and individual states broadened that mandate, stating that failure to disclose HIV to a potential sex partner is included in intentional harm, but in 2000 this requirement was removed from the federal act.

It is a class A felony for a person (Ken) to knowingly expose another to the HIV virus (UNAIDS, 2012) Criminalization was enacted to protect the public from deliberate exposure. However, state law is in effect and varies by state, so the possibility of someone being charged with homicide after infecting another with HIV, causing death, is possible and depends upon the state in which the act occurred (Chow, 2012). Andre Davis was convicted under Ohio law for failure to disclose he was HIV positive.

Davis was sentenced to 32 years in prison (Chow, 2012). Nick Rhoades was convicted in Iowa and sentenced to 25 years (Young, 2012). Twenty four states have HIV exposures laws, some more severe than others, such as Ohio, that determines any kind of contact, such as kissing, without exposure is a criminal act ((Galletly & Pinkerton, 2008). What is the most serious offense Lori can be convicted of? Explain. Include the elements of the crime. If Lori is convicted of a less serious offense, what would it be? Explain.

Assisted suicide is legal in a few states, if the criteria are met, and it is enacted through a physician. In the case of a person (Lori) killing a terminally ill family member, the most severe charge could be first degree murder, depending upon the circumstances. In the Canadian case of Robert Latimer, who was charged with the murder of his mentally and physically handicapped daughter, there were many who believed he should have been convicted of first degree homicide, but he was charged with 2nd degree, which he appealed.

Robert Latimer was granted parole in 2010 (Howe, 2010). In the US, under Washington state law, a man pleaded guilty to 2nd degree murder for shooting his wife, who had brain cancer. Donald McNeely was sentenced to two years in prison (Newcomb, 2013). The intent of the person in a “mercy killing” is not to cause harm, but to prevent suffering, in their opinion, and the act of killing the loved one ceases the harm they are believed to be enduring.

Their belief in this is the causation for the act, and is dependent upon the state what charges and/or penalties will apply. What crime(s) can Larry be charged with? Explain the elements of each crime. In the case of Larry, he could be charged with rape, as he used the elements of criminal activity to obtain sexual intercourse. Rape constitutes forcing someone to engage in sexual activity against their will, and does not have to include penetration (Berman, 2013). Use of coercion, trickery, threats, or other means of persuasion is legally defined as rape.

Levels of crime are designated as first degree, usually including bodily injury, and second degree, which is the act of rape. By taking his girlfriend by force and confining her for a period against her will, he could be charged with kidnapping and unlawful confinement (LII, 2013). He deliberately instigated a criminal act by deciding to confine her against her will, and the act of doing so put him in the category of criminal intent. The harm done to her is an act of aggression upon her person, and the enforced confinement.