Criminal Law

Topics: Criminal law, Sexual intercourse, AIDS Pages: 3 (990 words) Published: January 27, 2014
Scenario 1: Ken, who was diagnosed with acquired immunodeficiency syndrome (AIDS), engages in sexual intercourse with several women, including Barbie. He does not inform any of the women or Barbie that he has AIDS. As a result, Barbie contracts AIDS and dies from the disease 2 years later. •Can Ken be convicted of a homicide offense? Explain and justify your answer. I’ve been doing some research of example cases to base my answer off of. They only thing I have found was a case that took place in Canada. There was an immigrant living in Ontario and he was facing two counts of first-degree murder and 11 counts of aggravated sexual assault for having sex with 11 different women, but only 7 got infected, two of which died from the virus. The prosecutors made the immigrant get counseling about the transmission and the risks, and he was ordered to protect his partners, but he kept the infection a secret. And so the court prosecuted him under a general murder statute. (Ryan, 2009) •If Barbie does not die, what are the possible charges? Explain. If Barbie doesn’t die, Ken can still get criminal charges against him. In South Dakota, the state in which I preside, you can face criminal charges if you do not tell your partner about your HIV status. Under the South Dakota Codified Law 22-18-31, “intentional exposure to HIV infection is a felony.” If someone who knows that they are HIV positive intentionally exposes another person to HIV is guilty of criminal exposure to HIV, which is a Class 3 felony, carrying a maximum penalty of 15 years in prison. Transmission of the virus can come from intercourse, body fluid (such as saliva or semen), or drug paraphernalia. (SD Legislature, 2000) The first case in South Dakota came from my hometown, Huron. An 18-year-old college student contracted the disease and he had sexual relations with someone and they contracted the virus. The college student was sentenced to four months in jail, mainly because the victim asked for leniency....

References: Ryan, B. (2009, January 1). Is it murder?. Retrieved from http://www.hivplusmag.com/issue-features/2009/01/01/it-murder
SD Legislature. (2005). South dakota codified laws. Retrieved from website: http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-18-31
Dunsmoor, B. (2013, November 8). Sd has seen a handful of hiv exposure cases. Keloland. Retrieved from http://www.keloland.com/newsdetail.cfm/sd-has-seen-a-handful-of-hiv-exposure-cases/?id=155815
Davenport, A. U. (2012). Basic criminal law: The constitution, procedure, and crimes. (3rd ed.). New Jersey: Pearson. Retrieved from http://wow.coursesmart.com/9781256648710/firstsection
U.S. Legal. (n.d.). Aggravated kidnapping. Retrieved from http://definitions.uslegal.com/a/aggravated-kidnapping/
U.S. Legal. (n.d.). Aggravated rape. Retrieved from http://definitions.uslegal.com/a/aggravated-rape /
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