Defense against HIV

[bigdog21]

This summer, while working the graveyard shift as a gas station attendent (stupid college jobs!), I had my share of regular bums and panhandlers harassing myself and the customers.

One of these regulars used to insist that he wasn't harrasing anyone, he was entertaining them and they would voluntarily give him money in return for his stupid card tricks and 'dissapearing coin'.

This guy was permanently intoxicated with cheap liquor always kept in one of his cargo pockets and an obvious heroin abuser (visible train tracks on forearms).

One time, when I was mobbing the floor he came up to me and asked for free hot dogs. I told him to go (edited) himself and get out. He spit at me, and it landed on my pants. He attempted to walk past me and grab a hot dog. I wasn't carrying at the time (stupid of me considering the clientele of this store), so I gave him a good jab to the solar plexes with the mop. He tried to get up and I smashed him in the face with the end of the mop.

Filed a police report, no legal recourse against me, no permanent damage to the bum.

Could someone who is likely to be HIV-positive spitting at you considered assault with a deadly weapon even though they are unarmed? Could I have shot this guy?

EDIT: Btw, this happened in Florida, not California despite what my location says.

Did you charge the bum with battery? or attempted robbery? (he used force by spitting on you then attempted to commit theft) ALso no its not aggravated assault for someone to spit on you even if they have HIV.

[DefensiveCarry.com]

[soundwave]

BTW, assault is when someone uses any amount of force against you, like bigdog21 said (e.g. the spitting). You would also have a good (but small) case of attempted theft. The aggravated circumstances and other things that go along with HIV is that the person doing it must know they have HIV, the consequences of their actions being likely to transmit the disease and that you knew ahead of time the same. Usually this only comes out in court and you have to actually be infected with it for it to stick. You don't get to charge someone for something that "almost" happened.

In reality, unless your body has a zillion open cuts and the person has their HIV test results for the day hanging around their neck in 50pt font for you to read while trying to visibly hock up spit at you, you can't shoot them.

Just because someone is a bum doesn't mean he has HIV. Just because someone is a heroin user doesn't mean he has HIV. The dirty and drug-using people of this world don't magically get it just because of a few bad choices, it just exposes them more to the possibility of getting it. If you're single and sleep with women (even not a lot), you're are more likely to get HIV than a drug user, even with a condom. (Dirty little secret in science... A condom's pores are 5 to 50 microns in diameter when heated a little (e.g. friction from sex). The HIV virus is 0.1 microns in diameter. A condom does not stop the transmission of HIV at all. A condom helps prevent most common sexually transmitted diseases, not viruses.)

[Spirit51]

I would have called the Police and had him arrested for assualt. Then make sure he is barred from EVER coming back....police called each time. BUT you have no standing to shoot him.
Besides...ever heard of blood splatter???

[aus71383]

One good defense against HIV/AIDS might be moving out of California....

Austin

[credy]

BTW, assault is when someone uses any amount of force against you, like bigdog21 said (e.g. the spitting). You would also have a good (but small) case of attempted theft. The aggravated circumstances and other things that go along with HIV is that the person doing it must know they have HIV, the consequences of their actions being likely to transmit the disease and that you knew ahead of time the same. Usually this only comes out in court and you have to actually be infected with it for it to stick. You don't get to charge someone for something that "almost" happened.

In reality, unless your body has a zillion open cuts and the person has their HIV test results for the day hanging around their neck in 50pt font for you to read while trying to visibly hock up spit at you, you can't shoot them.

Just because someone is a bum doesn't mean he has HIV. Just because someone is a heroin user doesn't mean he has HIV. The dirty and drug-using people of this world don't magically get it just because of a few bad choices, it just exposes them more to the possibility of getting it. If you're single and sleep with women (even not a lot), you're are more likely to get HIV than a drug user, even with a condom. (Dirty little secret in science... A condom's pores are 5 to 50 microns in diameter when heated a little (e.g. friction from sex). The HIV virus is 0.1 microns in diameter. A condom does not stop the transmission of HIV at all. A condom helps prevent most common sexually transmitted diseases, not viruses.)

That's comforting and discomforting at the same time. I've got to change my dating habits!

As for filing charges on the bum, I didn't. Looking back I should have because the guy was nothing but trouble, and I feel bad for whoever has to deal with him in the future, but all I was interested in that night was getting off of that job for good (it was about 45 minutes till I got off, and the police action was rather prompt).