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Sometimes you have to talk first: Oh...

Minahan, Wade Thomas.

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Sometimes you have to talk first: Ohio's HIV criminalization statutes.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Sometimes you have to talk first: Ohio's HIV criminalization statutes./
Author:	Minahan, Wade Thomas.
Description:	31 p.
Notes:	Adviser: Richard A. Bjur.
Contained By:	Masters Abstracts International46-04.
Subject:	Biology, Microbiology. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1451076
ISBN:	9780549385042

Sometimes you have to talk first: Ohio's HIV criminalization statutes.
Minahan, Wade Thomas.

Sometimes you have to talk first: Ohio's HIV criminalization statutes. - 31 p.

Adviser: Richard A. Bjur.

Thesis (M.J.S.)--University of Nevada, Reno, 2007.

HIV, the Human Immunodeficiency Virus, has emerged as the greatest challenge to health professionals in the past half-century. Today, over 40 million people are living with the HIV Virus and more than 25 million people have died of AIDS since 1981. In an effort to curb the spread of HIV, Ohio and twenty-three other states have enacted statutes that criminalize exposure or transmission of HIV.

ISBN: 9780549385042Subjects--Topical Terms:

1017734
Biology, Microbiology.

Sometimes you have to talk first: Ohio's HIV criminalization statutes.
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100 1 $a Minahan, Wade Thomas. $3 1278209
245 1 0 $a Sometimes you have to talk first: Ohio's HIV criminalization statutes.
300 $a 31 p.
500 $a Adviser: Richard A. Bjur.
500 $a Source: Masters Abstracts International, Volume: 46-04, page: 1897.
502 $a Thesis (M.J.S.)--University of Nevada, Reno, 2007.
520 $a HIV, the Human Immunodeficiency Virus, has emerged as the greatest challenge to health professionals in the past half-century. Today, over 40 million people are living with the HIV Virus and more than 25 million people have died of AIDS since 1981. In an effort to curb the spread of HIV, Ohio and twenty-three other states have enacted statutes that criminalize exposure or transmission of HIV.
520 $a RC § 2903.11, Felonious Assault, is the most prosecuted of the HIV crimes in Ohio. Until amended in 2000, the prosecution had to prove that the offender's HIV status was a deadly weapon. Under the 2000 revision, an HIV-infected person was required to disclose his or her HIV serostatus to prospective partners prior to engaging in intercourse.
520 $a The term "disclose" survived a constitutional challenge for vagueness in State v. Gonzalez. However, since each sexual encounter without disclosure could be considered one count, extremely long sentences are possible. It is not even necessary that the virus be transmitted to the victim for liability to attach, exposure rather than transmission is the necessary element.
520 $a No data exists to show whether Ohio's statutes have slowed the transmission of the disease. Additionally, Ohio's statutes as written contravene many long-accepted public health measures. By tying liability to knowledge of one's serostatus, many at-risk individuals may avoid regular HIV testing. By making the Defendants' confidential medical records available in criminal prosecutions, many infected individuals may avoid counseling and/or treatment. Finally, Ohio's statutes provide no defense or mitigation for condom use.
520 $a Ohio should follow the lead of states such as Oregon that rely on non-HIV specific statutes that provide a graduated series of penalties based on the severity of the Defendant's conduct. Civil actions with a lower burden of proof and compensation based on damages should also be pursued.
590 $a School code: 0139.
650 4 $a Biology, Microbiology. $3 1017734
650 4 $a Law. $3 600858
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710 2 $a University of Nevada, Reno. $3 626634
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