The Insane Reason Why Knowingly Spreading HIV is No Longer a Felony in California


Last week, California governor Jerry Brown signed a bill that lowers the crime of knowingly exposing someone to HIV from a felony to a misdemeanor. You won’t believe how they’re justifying this.

This applies to both those who engage in sexual contact without informing their partners of their infection as well as those who donate do blood banks. 

The reasoning behind the bill is that it might actually discourage people from taking an HIV test for fear of being charged with a felony–so they can just go on having unprotected sex, sharing drug needles, and donating blood without knowing whether or not they have contracted and are transmitting a life-threatening disease.

Sen. Scott Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), the authors of the bill, also note that modern pharmaceutical advances allow people to live full lives with treatment. That is, of course, if one can afford the pricey drug cocktails that keep people alive.

“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” said Wiener in a statement. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does.”

“We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” he added.

This reasoning absolutely fails to acknowledge the crux of the matter: that people who knowingly spread HIV to others can simply choose not to.

This insane bill apologizes for reckless, irresponsible sexual deviants and drug users who simply care more about satisfying their own need for sexual contact and drugs than they do about other individuals, and that is criminal. It’s not passing along the flu, it’s AIDS.

This is what happens when you try to justify and apply damage control to wanton sin. No one has a right to unprotected sex with anyone else, and by lowering the penalty for exposing others to AIDS, perhaps a few more people might get tested, but how many more will simply care less about knowingly exposing others?

People who have contracted AIDS, are lost in sexual sin or drug addiction, or so down and out that they donate blood to make a little money, are certainly worthy of our compassion and sympathy. But that doesn’t change the fact that it is wrong to consciously expose someone else to lifelong illness, especially when they might not have access to the drugs that would help them to stay alive.

It is absolutely insane that that is even a discussion!