What is the impact of an involuntary blood test on punishment for a sexual assault committed by an AIDS carrier?

California, United States of America


The following excerpt is from People v. McVickers, 228 Cal.App.3d 492, 279 Cal.Rptr. 1 (Cal. App. 1991):

7 If our focus for determining "punishment" were on the enhanced penalties for a subsequent conviction of sex crimes by an AIDS carrier, the dissent's reliance on Carter v. Municipal Court (1983) 149 Cal.App.3d 184, 196 Cal.Rptr. 751 might have merit. We reiterate: Our focus is upon the intrusion of an involuntary blood test.

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