- Blue Bell Recalls All Of Its Ice Cream Products [VIDEO]Posted 4 hours ago
- The Deep Bond Between Humans and DogsPosted 4 hours ago
- AFMW: Former NFL Quarterback Jeff KempPosted 4 hours ago
- AFMW: David Ensor, Head of the Voice of AmericaPosted 1 week ago
- VIRAL VIDEOS: Watch Ryan Gosling Dancing As A Kid!Posted 1 month ago
- Jeb Bush To “Actively Explore The Possibility Of Running For President”Posted 4 months ago
- Insurance Industry Giving Affordable Care Act Customers More Time To Pay PremiumsPosted 4 months ago
- Boehner Responds To President Obama’s Immigration Plan [VIDEO]Posted 5 months ago
- AFMW: Comedian Sebastian ManiscalcoPosted 5 months ago
- FOX in the Fast Lane: Kicking Off The ChasePosted 7 months ago
Court: HIV is NOT a Weapon
New York’s highest court says saliva is not a deadly weapon, even if someone has a disease like HIV or AIDS. As a result, one man’s conviction is being sent back to a lower court for re-sentencing.
FOX News Radio’s Lisa Brady reports:
The New York Court of Appeals, siding with the defense in the case of an HIV-positive man who bit a police officer during an arrest in 2006. David Plunkett pleaded guilty to multiple counts, now serving 10 years in prison.
But the new ruling says his conviction for aggravated assault can’t stand because New York law requires use of a deadly or dangerous instrument, and the saliva – and teeth – don’t county since they come with the defendant.
Prosecutors say the law should be changed to help protect first responders. The CDC says saliva alone has never been shown to transmit HIV.
Lisa Brady, FOX News Radio.