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OK....this is probably a stupid question....but if it can be proven he knew he had HIV and performed anyway...why wasn't he charged with attempted murder or something?


Criminal charges can only be brought by the government. It's likely the prosecutors don't want to bother unless they're told to pursue it. If nothing else, a criminal case has high standards to convict and you'd probably have to get a DNA test positively tying Marc’s HIV to his victim’s to convince a jury, expert witnesses to present the evidence, etc.

A victim might file a civil case claiming that Marc showed “reckless indifference” or even “depraved indifference” by performing with faked tests, even if he didn’t know he was HIV+. As a guess I’d say such a case would cost $50k-$100k and that Marc couldn’t pay the bill even if the victim won.

People have probably been suing over HIV infections in CA for 15+ years. There’s bound to be a lot of case law if anyone in CA is familiar with it.
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"If they can't picture me with a knife, forcing them to strip in an alley, I don't want any part of it. It's humiliating." - windsock