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38 T. Jefferson L. Rev. 233 (2015-2016)
Human Immunodeficiency Virus as a Deadly Weapon: Proposing a California Assault Law That Recognizes HIV as a Deadly Weapon

handle is hein.journals/tjeflr38 and id is 249 raw text is: 

        Almost any weapon, as used or attempted to be used, may
     endanger life or inflict great bodily harm; as such, in appropriate
       circumstances, it may be a dangerous and deadly weapon.
     A corrections officer in a federal prison goes about his day,
interacting with and policing inmates.2  As part of his duties, the
corrections officer conducts a routine search of an inmate's cell,
triggering a sudden attack by the angered inmate.3 The inmate bites
the officer and shouts that he hopes the officer will become infected
and die.4 After the inmate is subdued and the officer believes he is
safe, the officer learns the inmate was infected with the human
immunodeficiency virus (IV) and the inmate wanted to infect him
with the deadly virus.5 There is no cure for HIV and if the officer
becomes infected he will face either a lifetime of burdensome medical
treatment or death.6 Despite the deadly nature of HIV, under current
California law, the inmate could not be convicted for assault with a
deadly weapon because he attacked the officer only with his teeth and
mouth, and not a knife or other extrinsic object.7
     California currently defines a deadly weapon in the context of an
assault as an object extrinsic to the human body.8 Accordingly, an
assault with a deadly weapon or instrument includes objects like
firearms, knives, etc., and does not include the use of body parts like

  1. United States v. Moore, 846 F.2d 1163, 1166 (8th Cir. 1988).
  2. The following hypothetical is derived from the facts in United States v.
Sturgis, 48 F.3d 784, 785-86 (4th Cir. 1995).
  3. Id.
  4. Id.
  5. id.
  6. U.S. Dep't of Health & Human Services, What is HIV/AIDS?, AIDS.Gov,
https://www.aids.gov/hiv-aids-basics/hiv-aids- 101/what-is-hiv-aids/ (last visited Sept.
20, 2015).
  7. People v. Aguilar, 945 P.2d 1204, 1205-06 (Cal. 1997).
  8. Id.

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