Deliberate exposure to the sick children as the source of infection as the attempted murder charge, from the legal point of view. From a legal standpoint, deliberately exposing others to infection, even sick children, can form the basis for serious charges like attempted murder if there’s intent to kill or cause grave harm, but it’s complex; prosecutors must prove specific intent (mens rea) and actions (actus reus), often falling under existing laws for assault, reckless endangerment, or specific communicable disease statutes, with the key challenge being proving intent and whether the act constitutes a “deadly weapon” or sufficient risk, rather than just a health violation. [1, 2, 3] Key Le

Deliberate exposure to the sick children as the source of infection as the attempted murder charge, from the legal point of view.

From a legal standpoint, deliberately exposing others to infection, even sick children, can form the basis for serious charges like attempted murder if there’s intent to kill or cause grave harm, but it’s complex; prosecutors must prove specific intent (mens rea) and actions (actus reus), often falling under existing laws for assault, reckless endangerment, or specific communicable disease statutes, with the key challenge being proving intent and whether the act constitutes a “deadly weapon” or sufficient risk, rather than just a health violation. [1, 2, 3]
Key Legal Elements

Intent (Mens Rea): Did the person intend to kill or cause serious harm by exposing others? This is crucial for attempted murder; it’s harder to prove than reckless disregard.
Action (Actus Reus): Was the act of exposure sufficient? For murder, it often requires showing the infection itself acts as a “deadly weapon” or that transmission was a near certainty.
Causation: Can it be proven the exposure directly led to illness, and potentially death? [1, 2]

Potential Charges

Attempted Murder: If intent to kill is clear, using the infection as a weapon.
Assault with a Deadly Weapon: If the infection is treated as the weapon causing serious bodily harm.
Reckless Endangerment: For acts risking exposure, even if transmission doesn’t occur.
Criminal Transmission of Disease: Specific laws in some areas criminalize non-disclosure or transmission of certain diseases (like HIV), sometimes even without transmission. [1, 2, 3]

Challenges in Cases Involving Children

Medical Child Abuse (Munchausen Syndrome by Proxy): If a caregiver deliberately causes illness in a child (or exposes them to illness), it’s a serious crime, often falling under child abuse statutes, but the intent is usually related to gaining attention, not murder.
Proof of Intent: Proving a caregiver intended to murder their own sick child through exposure is extremely difficult; often, the charge might be murder/manslaughter for neglect or medical child abuse. [2, 4, 5, 6, 7]

In essence, while exposing sick children to infection is heinous, charging it as attempted murder requires a high bar of proving deliberate intent to kill, often leading to charges like assault, aggravated endangerment, or child abuse/neglect, depending on jurisdiction and specific facts. [1, 2, 4]

AI responses may include mistakes.

[1] ncpro.sog.unc.edu/manual/113…
[2] pmc.ncbi.nlm.nih.gov/article…
[3] en.wikipedia.org/wiki/Crimin…
[4] leb.fbi.gov/articles/feature…
[5] wklaw.com/parents-can-be-cha…
[6] apa.org/news/podcasts/speaki…
[7] blogs.the-hospitalist.org/co…
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AI Mode
Deliberate exposure to the sick children as the source of infection as the attempted murder charge, from the legal point of view.
.Deliberately exposing someone to infection via sick children can lead to severe criminal charges, though an “attempted murder” charge is rare and legally complex. Prosecutors must meet high standards of proof regarding intent and the nature of the disease used
Legal Challenges of an Attempted Murder Charge
Specific Intent to Kill (Mens Rea): Attempted murder requires proof that the defendant had the specific intent to cause death. Merely knowing that exposure might cause harm or acting with “reckless disregard” is generally insufficient for this specific charge.
Disease Severity: Charges of attempted murder are usually reserved for diseases with very high mortality rates where transmission is likely fatal, such as HIV (in certain historical contexts) or Ebola. For less fatal illnesses like COVID-19 or the common flu, prosecutors typically favor lower charges.
Direct Step (Actus Reus): The prosecution must prove the defendant took a “direct step” toward the killing, such as using an infected child as a “biological weapon” with the goal of causing a fatal outcome.
Alternative Criminal Charges
In many jurisdictions, deliberate exposure is prosecuted under more applicable statutes:
Assault or Battery: Intentionally infecting someone can be classified as assault or inflicting grievous bodily harm (GBH), especially if the victim suffers serious illness but does not die.
Reckless Endangerment: If a person acts with extreme indifference to the risk they are creating but lacks a specific intent to kill, they may be charged with reckless endangerment.
Specific Communicable Disease Statutes: Some states have specific laws (e.g., California Health and Safety Code 120290) that make it a misdemeanor to willfully expose others to a contagious disease.
Child Abuse/Endangerment: Using a child to spread infection may also lead to charges of child endangerment or medical child abuse (e.g., Factitious Disorder Imposed on Another), where a guardian induces or fabricates illness in a child for other motives.
Defenses and Considerations
Lack of Knowledge: A defendant cannot be held liable for intentional exposure if they did not know the child was infectious.
Scientific Causation: Prosecutors must prove that the victim’s infection was directly caused by the defendant’s actions and not from another source.
Parental Immunity/Rights: While parents have broad rights in child-rearing, these do not extend to actions that place the child or others at risk of serious physical harm.

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— Michael Novakhov (@mikenov) Dec 18, 2025