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Comment by mrkramer | Hacker News Reader

Don't worry I'm not going to harm anyone just like Spanish flu ended in 2 years this pandemic will also end soon. I discussed months ago here on HN that looking legally causing someone's death without intent is not criminal because you had no intent of killing. Take a look at https://en.wikipedia.org/wiki/Mens_rea

"A person commits an offense if he: intentionally or knowingly causes the death of an individual."

I have no intent or knowledge that I'm going to harm anyone.

Another guy said in that discussion something like "How is this virus any different from other viruses?"

Should I blame people for spreading STDs for example? Of course not they spread it unintentionally and without knowledge in most cases.

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> I discussed months ago here on HN that looking legally causing someone's death without intent is not criminal because you had no intent of killing

Intentional killing is usually first degree murder, or voluntary manslaughter, depending on premeditation. Second (in some schemes third) degree murder (depraved indifference) and involuntary manslaughter, and negligent homicide all are crimes, and do not require intent to kill.

So, you are very, very wrong.

> I have no intent or knowledge that I'm going to harm anyone

The source you link notes that there are other levels of mens rea supporting criminal offenses (recklessness, negligence) as well as offenses which are not dependent on mental state at all (strict liability offenses.)

I understand what involuntary manslaughter is but does it apply to spreading a virus? I'm not a lawyer but if it does I will act accordingly and try not to commit involuntary manslaughter hypothetically speaking.

> I understand what involuntary manslaughter is but does it apply to spreading a virus?

Neither depraved heart murder nor involuntary manslaughter has an exception for viral-agent-as-mechanism on any jurisdiction I'm familiar with.

You better hope that the judge handling your case doesn't stumble upon this comment thread. Your lack of Mens Rea isn't going to fly if you're caught meta-discussing the whole thing.

Also, manslaughter?

And btw I understand what manslaughter is but again I'm not a lawyer. Refer me to any case or cases where someone is guilty of spreading a virus without intent(Involuntary).

Laws adopted in the course of the HIV pandemic in many jurisdictions made various acts that were more likely to spread the virus criminal if you knew you were infected unless other people put at risk were informed of the fact and consented to the risk, whether or not you intended to cause harm.

First google result: https://www.irishtimes.com/news/crime-and-law/courts/circuit.... It's not difficult to find more examples.

If you know or could reasonably suspect you have a lethal virus and still go out without taking proper precautions then that is absolutely something people have sued over many many times.

It is unclear whether defendant was aware of having a HIV. It seems like he had no intent of spreading a disease and had limited or no knowledge of having it.

"I didn’t really do it intentionally but when we were drunk it ended up happening”."

How the case ended?

Legality and ethics are two distinct things.

I know but legal system is based on ethics. E.g. not stealing or not killing etc.

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