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Old 04-22-2004   #7
eroticservantalan
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Join Date: Apr 2004
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SORRY GUYS !
Didn't know there was an Oprano Radio
But anyway now I know and congrats

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion."
The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder.

Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.

But there has been no death - YET

In some states, persons who are aware of their infection but who knowingly put their sex partners at risk or intentionally attempt to infect someone are subject to criminal penalties.

Failing to disclose your HIV status to your partner may make you vulnerable to criminal prosecution or to being sued by your sexual partner.

Criminal convictions for exposing another person to HIV through sex are rare.

While most of these prosecutions have proceeded under general criminal laws such as attempted murder, aggravated assault with a deadly weapon, attempted manslaughter and manslaughter, a number of states have passed specific statutes that make it a crime for a person to expose another to HIV through sexual activity.

The law makes it a felony punishable by up to eight years of imprisonment for an HIV-positive person to "willfully expose" another person to HIV through unprotected sex.

The law is narrowly drafted, however, so that it only applies to individuals who intend to infect others with HIV through sex. It is designed to prosecute cases like one in New York, where one man infected more than a dozen young women, not to police every sexual encounter engaged in by people living with HIV.

To be prosecuted under the law, you would have to do all of the following:

Have anal or vaginal sex. You cannot be prosecuted for oral sex. As to anal and vaginal sex, the law applies equally to men and women; tops and bottoms. The law punishes exposing someone to HIV through these types of sex. Your sexual partner does not have to actually become infected.

Know that you are HIV-positive. You cannot be prosecuted for sex that you had before you knew that you were HIV-positive.

Fail to disclose your HIV status. If you disclose before insertion, you cannot be prosecuted.

Fail to use a condom. Even if you do not disclose, you cannot be prosecuted unless you have "unprotected sex." The law defines "unprotected sex" as failing to use a condom. This means that every inserting penis has to be covered. Even if you are on the receiving end, you have a legal obligation to make sure that your partner wears a condom.

Have the "specific intent" to infect the other person. Most likely, this element will prevent the statute from being used to harass people living with HIV. To be prosecuted, you have to engage in the sexual activity with the specific intention of infecting the other person with HIV. Just knowing that you had HIV when you had sex will not be enough. The law explicitly states that: "Evidence that the person had knowledge of his or her HIV-positive status, without additional evidence, shall not be sufficient to prove specific intent."
Because of this specific-intent requirement, the law is narrowed in scope to only cover individuals who want to infect other people, and who are probably expressing that desire. If you slip up one time, it's unlikely that you will be prosecuted. However, the best way to stay clear of this law, and other legal liabilities, is to always disclose your status and/or practice safer sex.

For these crimes, a conviction can rest on proving recklessness or criminal negligence. Because the potential still remains for prosecution under these general criminal laws, you should not risk relying on the specific intent requirement of the willful exposure statute to avoid liability. The best policy to protect yourself from any criminal liability is to disclose to your sexual partners and to use a condom.

In addition to criminal prosecutions, a number of civil cases have been brought in which individuals sue sexual partners with HIV disease for monetary damages. These cases proceed under the tort theories of negligence, battery, fraud and intentional infliction of emotional distress.

To sum up, if you have safer sex and disclose your status to your sexual partners, you will not violate California's willful exposure law, and will protect yourself from any form of criminal or civil liability.

Individuals infected with HIV usually develop antibodies against the virus within 6 to 12 weeks of the infection. However, until seroconversion (when a detectable amount of HIV antibodies is present), infected individuals will test negative for HIV antibodies although they are infectious.

How do I prevent getting HIV?
To prevent the spread of HIV, avoid any behavior that might result in contact with blood, semen, or vaginal secretions. Specifically:

Do not have unprotected (without a condom) sex.
Do not inject drugs by sharing needles or syringes.
The following prevention measures apply to personal sex practices and injecting drug use:

Abstaining from sex is the only way to be 100% sure that HIV won't be transmitted sexually. For those who are sexually active, latex condoms should be used consistently and correctly.
Ask about the sexual history of current and future sex partners.
Reduce the number of sex partners to minimize the risk of HIV infection.
Always use a condom from start to finish during any type of sex (vaginal, anal, and oral).
Use latex condoms rather than natural membrane condoms. If used properly, latex condoms are highly effective against most sexually transmitted diseases, including HIV. If either partner is allergic to latex, plastic (polyurethane) condoms for either males or females can be used. Use only water-based lubricants. Do not use saliva or oil-based lubricants such as petroleum jelly or vegetable shortening.
Avoid anal or rough vaginal intercourse. Do not do anything that could tear the skin or moist lining of the genitals, anus, or mouth and cause bleeding.
Avoid deep, wet, or "French" kissing with an infected person. Possible trauma to the mouth may occur, which could result in the exchange of blood. It is safe, however, to hug, cuddle, rub, or dry kiss your partner.
Avoid alcohol and illicit drugs. Alcohol and drugs can impair your immune system and your judgment.
If you use drugs, do not share "drug works" (needles, syringes, or cookers).
Do not share personal items such as toothbrushes, razors, and devices used during sex that may be contaminated with blood, semen, or vaginal fluids.
If you are infected with HIV or have engaged in sex or needle-sharing behaviors that lead to infection with HIV, do not donate blood, plasma, sperm, body organs, or tissues.
Are condoms safe and effective?
Yes. Scientific evidence demonstrates that latex condoms are highly effective in preventing the transmission of HIV and other STDs (such as herpes simplex, hepatitis B, chlamydia, and gonorrhea) when used consistently and correctly.
Although some people claim that condoms frequently slip off or break, studies show that these problems are rare. When these problems do occur, they are not typically caused by product error. They tend to be caused by user errors, such as using a petroleum-based lubricant, using out-of-date condoms, having rough sex, or storing condoms at a high temperature over a long period of time, such as in a car glove compartment or wallet.


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