A criminal case was recently initiated that could challenge the wording of a Louisiana law. The case centers on a man who stands accused of breaking into an area home and then biting a resident of that property. The alleged attacker told police that he has the AIDS virus, which led to an additional charge of “intentional exposure to AIDS.” However, a challenge could be mounted based on the argument that it is impossible to be charged with a crime when that crime is not scientifically plausible.
As of the time of this report, accounts of the incident vary. According to the alleged victim, the man forced his way into the home by ripping through a screen door, then began beating one of the occupants with a pipe. The man asserts that he did not break into the home and that he was there to collect money that the occupant owed him. During the physical altercation between the two men, the resident was allegedly bitten on his bicep and thumb.
When police tracked down the man accused of this assault, he voluntarily discussed his AIDS diagnosis with officers. That led to a charge of “intentional exposure to AIDS virus.” However, it is important to note that the AIDS virus cannot be transmitted from one person to another. HIV is passed through the exchange of blood or other bodily fluids, and that virus can then develop into the AIDS virus.
As this case moves forward, it is unknown whether the Louisiana man’s criminal defense strategy will include a challenge to the charge of intentional exposure to AIDS. He is also charged with a crime in connection to the alleged forced entry of the home, but does not face charges of simple assault in the matter. If he can prove that he did not break into the residence, and can successfully pose a challenge based on the distinction between HIV and AIDS, he could walk away from this incident with no punitive repercussions.
Source: nola.com, “Baton Rouge man booked on AIDS exposure charge for allegedly biting victim’s biceps, thumb”, Emily Lane, Aug. 3, 2015