If a person tells you that they have HIV while they are trying to bite you a lethal threat?
The standard is a five part test, according to self defense attorney Andrew Branca:
– The person claiming self defense (you) must be innocent (didn’t start the fight)
– You must have tried to avoid the fight
– The lethal threat must be imminent
– Your use of force must be proportional
I really don’t want to turn this into a discussion about the first four points. The one I want to focus on is the point that makes this situation unique: the last one. If a person is attempting to bite you while claiming to have a deadly disease presenting a lethal threat? Would using lethal force against such a person be proportional? In other words, if a person is threatening to give you AIDS by biting you, would shooting them be legally defensible?
What say ye?