April 23, 2012

NY Appeals Court to Hear if Saliva With HIV Is 'Dangerous'

The New York State Court of Appeals will hear an aggravated assault case that may clarify if saliva with HIV can be considered a “dangerous instrument” under the law, The Observer-Dispatch reports. David Plunkett, who has HIV, bit a police investigator in 2006 and was charged with intentionally putting the officer at risk of contracting the virus. The court will debate if saliva is a “substance” that someone can use to seriously injure or kill another person. The Lambda Legal Defense and Education Fund is assisting the defense and filed an amicus curiae document with the court in the interest of everyone living with HIV. The paper states that saliva does not transmit HIV.

To read the Observer-Dispatch article, click here.

Search: New York, New York State Court of Appeals, David Plunkett, Lambda Legal Defense and Education Fund, saliva, criminalization

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Previous Comments:

Jeff, , 2012-06-19 10:41:07
Wow! I can't believe how incredibly fricking STUPID people still are when it comes to this F'd up disease. Everyone is on a computer. Fricking learn the facts!!!!! UUUGGHH!!!!

Tom, USA, 2012-04-24 20:59:22
While the basis of this legal issue may seem the product of a out of control legal system that seeks to enslave the people instead of keeping them safe, this is the kind of thing that is just the tip of the iceberg, There are even doctors that are scared to death to treat a patient with HIV, that's why I only tell the doctor, the nurses In the office do not know, this is one giant step backwards for man kind.

Al, , 2012-04-24 20:46:39
Pretty soon we'll be convicted for breathing on someone and thinking it causes transmission. This is getting rediculous.

Jeton Ademaj, Harlem, NYC, 2012-04-24 18:55:38
uhm, people? this might actually be a GOOD thing. whomever posted this here seems unaware that this "Appeals" court is actually the highest court in NY, our "Supreme" court...having them rule on this can finally set a legal precedent for NY AND for other states to remove saliva from the list of body fluids that can transmit HIV. the prosecution will not be able to prove their case. unfortunately this is also the same court that shot down Gay Marriage years ago because it's "non-procreative"...

sal, south gate cal, 2012-04-24 14:49:53
I totally understand the fobia because I to once was that fobia. But with all the education on transmission I would be more in fear of cathng TB, and you ask why cause its airborne. Stop being peronoid at the cost of someone elses challenge. I just ask you this how would you feel if the tables where turned. And one more thing Im totally in favor when someone intenially wants to harm someone so please dont get the two twisted.

Jose, Miami, 2012-04-24 14:30:08
This is beyond ridiculous! New York state of all places should be the most informed about the transmission of HIV - but this sounds like an intentional witch hunt. This is seriously pathetic and frightening.

Daniel, Qauil valley, 2012-04-24 13:07:16
Hi,I'm not proud to tell you,but I did bite my ex of 14 years once in a drunkin fight,he was neg & still is to this day,happend in 90's,I did go to jail for 5 months.I even had Hep b not anymore but he did not contract that either!!He would have had to have a cut and me bleeding to get it, I was told.plus we always had sex without a condom,he never liked them.Anyhow,he still lives here in town!!!I am ashamed of this but thought you'd like to hear it from a real life story!! Daniel

Amanda, Portland, 2012-04-24 12:57:36
Really? Must I live in a world of ignorant, Ill educated idiots? My advice, educate yourself BEFORE you make an blubbering idiot out of yourself.. Makes me mad that people always assume the worse, and don't take the time to research facts. I don't have HIV, but I'll be damned if I sit around judging, being afraid, or assuming the worse about those who have it! I chose to educate myself, others should do the same.

Orlando, Monterrey, Mexico, 2012-04-24 10:48:00
Isn't ignorance a bless?

Patty Puline, Erie, PA, 2012-04-24 09:47:12
You have got to be kidding me, here we go again. Four body fluids transmit HIV - blood, semen, vaginal secretions and breast milk. Period. NOT SALIVA - actually there is an enzyme in saliva that inhibits the transmission of HIV - not that anyone would check it out. I have been teaching HIV for more than 20 years and continue to be amazed at the total ignorance of the public and some professionals. WOW! Please read HIV Inhibitor in Saliva Identified Through CRADA