Abstract
This Note examines the four leading cases dealing with criminalization of HIV transmission through AIDS-infected saliva. The first section describes the problems prosecutors encounter in applying traditional criminal law to HIV transmission and summarizes the legal history of the criminal charges involving the transmission of AIDS. The second section explains why traditional public health offense laws fail to provide an appropriate sanction for HIV transmission. The third section reviews the current competing judicial decisions regarding the finding of criminal liability for acts of attempted HIV transmission through the human bite. The final section considers the applicable criminal statutes presently in effect in Arizona and analyzes the Arizona case of aggravated assault via the human bite. It also discusses the legal impact that codification of an AIDS-specific statute would have on this specific area of Arizona criminal law. The Note concludes that legislators, in conjunction with the criminal courts, must take affirmative steps to remedy the existing void in criminal law applicable to HIV transmission.
How to Cite
35 Ariz. L. Rev. 237 (1993)
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