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If someone has HIV and has sex with someone and they know they have it, is that a crime of murder? This seems to be the question as tougher HIV transmission laws are being rallied before congress . As of now, New York is the only state that doesn't convict people of murder who have transmitted HIV to another person. If this happens, they will only be charged with assault. How could someone be charged with murder if the person has not died yet? Sure, HIV that turns into AIDS is a death sentence, but some may argue that HIV could not turn to AIDS given the new medications that prevent it from doing so. In that case, is a person supposed to sit in jail until their partner dies from AIDS? Other court cases that have involved this question have proved malicious intent and the person was convicted based on evidence that they intentionally infected someone. Who could forget the father who injected his child with infected blood because he didn't want to pay child support. How about that ladies man who was sleeping with women and infected them just for the fun of it. Those kinds of people should for sure be convicted of murder, but that only happens when their victims pass away. So they sit in jail wasting tax dollars. The problem in general is that people don't get tested. Most people get tested once, wipe the sweat from their brow when it comes out negative and go on with their lives. Most people don't know that it takes 6 months for the HIV virus to show up on a test after you have had unprotected sex. Imposing a law that will convict a person of murder if they are aware they have HIV and don't tell their partners is folly. That will only give people the attitude of, ignorance is bliss. If there is no record on file that they have ever been tested, then a conviction cannot be sought. The new law should require every sexually active person to be tested once a year by their doctor. If a gynecologist is aware that a women is sexually active, then they should do an automatic HIV test along with the annual pap smear. Also, primary care doctors should test men when they come in, since men are less likely to walk into Planned Parenthood and get tested. The responsibility to get tested should no longer be left up to the individual. People are afraid to ask for a test because they are scared to death of the results. Another problem in our society it privacy. Having HIV is a scary, life altering disease and infected people don't want anyone to find out. Is that fair to the rest of us? Not that they should wear a big H on their shirt everyday so people know who is infected, it is just that people have the right to know the health of the person they are sleeping with. It would be so much easier to have a card in your wallet that states when the last time you were tested and what the result was. If you are a private person, leave the card at home and bring it out when asked. If this were a reality, the spread of HIV would greatly decrease. It is an individual choice who we sleep with and if a person doesn't want to show their card, then you know to say no. On the flip side, a person can become infected with HIV in an instant and just because they had a negative result 6 months ago doesn't mean they haven't recently been infected. As a sexual society, we know when we have put ourselves in harms way. We should know better and do the right thing and get tested. We should not be so trusting when entering in a relationship with a new partner. Just because you are dating this great new guy or girl, doesn't mean they are disease free. You should always ask a person if they have been tested or insist that you get tested together and refrain from having sexual contact until the results are in. There is no way to tell if a person has an STD or HIV just by looking at them. It is better to be safe and insist on getting tested. If you are a one night stand type, use a condom every time. Even if you are a women, you should carry a condom with you if you are in a situation where intercourse with a stranger is possible. Parents should also take special action to protect their children. Having the "sex talk" is not enough. Many parents are under the impression that their little angel is not having sex. I got news for you, they are! Put a box of condoms under your bathroom sink and keep your mouth shut if you happen to notice one missing. Sex is out there and people are doing it at a fast rate everyday. We can't just turn our heads and believe that becoming infected won't happen to us. Imposing a murder conviction on someone who spreads HIV without informing a partner, is just stupid and will only cause less people to get tested.