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A panel of judges on the New York
Court of Appeals has unanimously overturned a lower court and ruled that if an
HIV-positive person spits on or bites somebody, his/her saliva cannot be
considered a "deadly weapon or dangerous instrument," as it had been
deemed before. (See Sean Strub’s article “Prosecuting HIV” in the May+June
issue of Positively Aware.)
David Plunkett was serving a 10-year
sentence for punching and biting a police officer in 2006. Plunkett reportedly
had a history of mental illness and assaulted one of the responding officers
while causing a disturbance as a patient at an Ilion clinic.
In New York, in order for assault to
become aggravated assault (which carries a greater penalty), the use of a
deadly weapon or dangerous instrument is required. The original judge
considered HIV-positive saliva a deadly weapon, making biting an aggravated
assault and Plunkett pled guilty to both charges.
However, on June 7, the court
dismissed the aggravated assault conviction, stating saliva should be treated
the same as teeth, which in 1999 were deemed not to be dangerous instruments on
the grounds that body parts come with the person and thus do not increase
criminal liability.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
