NCJ Number
135650
Journal
American Criminal Law Review Volume: 28 Issue: 4 Dated: (1991) Pages: 863-885
Date Published
1991
Length
23 pages
Annotation
Several criminal tools and theories have been used in the U.S. military justice system to address AIDS-related offenses stemming from behaviors that deliberately risk transmission of the virus.
Abstract
Three different charges are available under the Uniform Code of Military Justice to prosecute such offenders. The first charge is willful disobedience of an order to inform all future partners of HIV-infection and failure to use protection during all sexual activities. This charge raises the constitutional question of invasion of privacy. The second charge, aggravated assault with means or force likely to cause death or grievous bodily harm, stems from the idea that HIV transmission is an assault upon the recipient. This charge can raise significant evidentiary problems. The final charge is conduct prejudicial to good order and discipline within the armed services; this charge is easier to prove than assault and has less constitutional difficulties than does a charge of willful disobedience. This author supports that the use of criminal sanctions against AIDS-related offenses is both appropriate and necessary, particularly within a military context. 152 notes