Hiv Transmission Legal Consequences

Summary

In California, knowingly transmitting HIV can result in misdemeanor charges, with a focus on intent rather than negligence. Filming someone without explicit consent, especially if the person was under the influence, can lead to legal issues. The burden of proof for consent typically lies with the accuser, but having evidence or witnesses can strengthen your case. Consulting a local attorney is advisable for personalized legal advice.

Full Conversation

Douglas Brown
Hi Douglas! What legal issue are you dealing with today?
I made some bad mistakes this past summer. I spiraled into depression and addiction after a breakup, I ran out of hiv meds and slept with several people while I may have been detectable. I'm still not sure if I was or wasn't. I live on San Francisco CA, what charges am I looking at?
In California, knowingly transmitting HIV can lead to criminal charges. However, recent changes in the law have reduced penalties, focusing more on intent and actual transmission. It’s important to consult with a legal professional to understand your specific situation. Would you like to be connected with local lawyers for further assistance?
no, I also wan to know if it's legal for people to have filmed my life as if I were in a reality TV documentary. They claimed that I agreed to it verbally once, but I don't recall it and I may have been high
Filming someone without their explicit consent can raise legal issues, especially if the person was not fully aware or capable of consenting, such as being under the influence. In New Jersey, consent is crucial for filming, particularly for commercial purposes. You might want to consult a legal professional to discuss your specific situation and the possibility of challenging the consent claim.
Do you have any evidence or witnesses that could support your claim that you did not consent?
How can someone support that? Isn't nearly impossible to prove not doing something? Doesn't the burden of proof lay with the accuser?
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In cases where consent is disputed, the burden of proof often lies with the accuser to establish that consent was given. However, evidence or witnesses supporting your claim that you were incapable of consenting can strengthen your position. These might include:
- Witness testimonies about your state at the time.
- Medical records indicating your mental state.
- Any communications showing you did not agree.
Would you like more information about challenging this legally?
no
It sounds like you have a complex situation involving consent and privacy issues. In New Jersey, the burden of proof typically lies with the accuser, but having supporting evidence can be beneficial for your case. If you change your mind and need legal assistance, feel free to reach out again.
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What are the penalties for transmitting HIV to someone in San Francisco CA? The circumstances would be that I had been without medicaiton for a few months, but was unsure of my status.
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In California, the law has changed regarding HIV transmission:
- Intentional transmission can lead to misdemeanor charges.
- The focus is on whether you knowingly exposed others.
- Lack of medication alone may not lead to charges unless intent to transmit is proven.
Consulting a local lawyer for detailed guidance is advisable.
although there was no intent, it was definitely negligent though
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In California, negligent transmission of HIV without intent might not result in criminal charges. However, legal advice is recommended to assess any potential civil liability. Would you like more information on civil liability or need help finding resources?
no, thank you
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Based on the information provided, your situation involves complex legal issues such as consent, privacy, and potential liability for HIV transmission. In California, the focus is on intent for transmission charges, and filming without consent can raise significant legal concerns. If you change your mind and wish to seek legal assistance, consulting with a lawyer could be beneficial. Let me know if you need any further general legal information!