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Aside from being morally wrong, is it illegal to lie about having hiv (i'm NOT referring to having hiv and not telling,)

Miami, FL |

In other words, if a male wanted to get back at an ex girlfriend and called her and said " by the way i have hiv" but he actually DOES NOT have hiv. He is just saying this to get her worried, is that criminal in any way and how would it be proven he even said that if it was?

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Attorney answers 5

Posted

I don't think his actions would or could be pursued criminally by a prosecutor.

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Asker

Posted

In other words, in a situation where a male called his ex girlfriend and got her terrified of her contracting hiv from him and him telling her he was positive (when he is NOT ) that is not considered a crime?

Clifford M. Miller

Clifford M. Miller

Posted

Fla. Stat. 784.048. Stalking might supply a way to prosecute the ex-BF. I think if enough damage was done emotionally, a clever prosecutor could come up with something.

Larea Annette Griggs

Larea Annette Griggs

Posted

After reviewing what Mr. Miller says, I agree with him about potential stalking charges.

Posted

Deliberately spreading a disease of any sort is clearly criminal. No ifs, ands or buts. However, that doesn't seem to be the question.

There have been some proposed laws to specifically make it illegal to fail to warn someone that you are exposing them or have exposed them. More details is needed

There are civil remedies, too. Damages. Emotional distress

Asker

Posted

like i said, the question isn't about purposely spreading any disease. In this situation ,the male has NO disease. He is simply calling his ex girlfriend and telling her he has hiv and for her to get tested PURPOSELY trying to get her terrified she might have contracted it from him (but he DOES not have it)

Clifford M. Miller

Clifford M. Miller

Posted

Maybe an attempt? GF says she was told she was exposed and says she believes it. Did BF attempt to expose her and fail because he mistakenly believed he was infected? (A crime) Or was he tormenting her? (Not a crime) Perhaps a jury will decide?

Posted

This is certainly not criminal. What it does describe the intentional infliction of emotional distress which is sometimes called "outrage." But without significant damages, there is no case to pursue.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

Asker

Posted

In other words, you're saying that he is basically really pissed off but it's not criminal to lie about having HIV to scare someone (if you don't actually have HIV)

Clifford M. Miller

Clifford M. Miller

Posted

What would the crime be? You might want to hire a lawyer specializing in criminal law before you torment your ex. A little legal research may go a long way. But, if she is seriously emotionally damaged, expect a lawsuit with large damages including punitive damages.

Clifford M. Miller

Clifford M. Miller

Posted

Let me amend my statement. I think if enough damage was done a prosecutor would find something to charge. Perhaps 784.048. Stalking, or an attempt of a more serious crime.

Posted

Don't do it! You may want to have her suffer but you might result in having a lawsuit against you for damages if she gets sick from what you've told her.
My advice is simply to move on.
Robert D Shapiro

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. advocate1@comcast.net, 305 373-1099.

Asker

Posted

Can you clarify by stating she gets sick from what i've told you? How can you get sick from something non-existant? Also, if it was over a phone call how would they find the call log and prove it was me as well?

Clifford M. Miller

Clifford M. Miller

Posted

It sounds like you just published your intent, so proof will not be hard. These are public forums. And she could get sick from being told - emotionally leading to physical. What if she strokes and dies? Would that be negligent homicide (manslaughter)?

Asker

Posted

Well that is true, i did publish it. I could call them and have it deleted technically. But my intent that i've said on here is to scare her, not actually give her it. So even if someone saw this, they'd see it was a joke; correct? I understand your point, your basically saying they could just get very creative even though i believe it's a HARMLESS joke.

Asker

Posted

also amending that statement^ no one in this situation has hiv, so that is also true

Clifford M. Miller

Clifford M. Miller

Posted

If I were the prosecutor and a victim told me that he/she suffered a physical effect from the comment, I would go out of my way to find a way to prosecute. It would not seem like a joke to me.

Asker

Posted

It IS a joke however, perception is all based from perspective. You perceiving as not a joke, many others might.Also, this situation hasn't happened yet. That is why whoever is asking this question to find out if it would be legal to do so.

Posted

Before you embark on a journey of revenge, dig two graves. -Confucius

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