Re: HIV and Murder

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What people have been charged with here is criminal
transmission of HIV. Nobody's been charged with attempt
murder for the same act.
However, it is possible, and it wouldn't matter when the
person died if their death was a proximate result of the bad
conduct.
I worked on a case where the basis for the appeal was the
year and a day rule-LOL, the court took care of that right
fast. It involved a boy who was severely beaten and who died
four or five years later. The boyfriend had been convicted
of attempt murder and was tried for murder when the boy died.

On 4/06/06, andrew k. wrote:
> This is something I've run by recently and could not find
> too many answers. I know many states have charged
> attempted murder for transmition of HIV knowingly. Does
> anyone know of jurisdictions that have tried to actually
> charge the transmitter for murder. I realize that there
> is not an actual death involved but it seems to me that
> the transmitter would essentially be killing the other
> person whether it was knowingly or recklessly done.
> Anyone elses thoughts or insights on the topic would be
> great. Thanks.