Citation

AIDS Policy Law 1999; 14(4): 9.

Copyright

(Copyright © 1999, Buraff Publications)

DOI

unavailable

PMID

11366397

Abstract

A Pennsylvania man was sentenced to 13.5 to 27 years in prison following a biting incident after he was caught shoplifting at a Wal-Mart. Eric Rivera Perez was convicted of aggravated assault for attempting to inflict serious bodily harm on a security guard by "knowingly exposing her to an infectious disease". Perez bit the guard who detained him and told the guard repeatedly that he had AIDS. A blood test later confirmed his HIV status. The prosecution argued that the guard did not have to show that she had a serious injury, only that Perez had placed her at risk. The prosecutor and defense attorneys had earlier agreed to a plea bargain with a sentence of no more than 27 months, but the judge rejected the plea, citing the seriousness of the offense and the defendant's long criminal record. The guard has tested negative.

Language: en