The person targeted by the handgun has every rational reason to fear that his life or health is in serious jeopardy by such an act, despite the gun pointer knowing that the gun isn't loaded. The act is STILL A CRIME by causing alarm through a fear of injury. That's why bank robbers with a fake gun can still be charged with armed robbery.
And there is still the possibility that the gun wielder is mistaken about the gun being unloaded. Perhaps he emptied the magazine but forgot about the round in the chamber.
HIV laws are modeled after the innate fear transmitted to the uninfected party, not the actual possibility of the infection being transmitted.
“I liken the act of having sex with someone without telling them they are HIV infected to pointing an unloaded handgun at someone point blank and pulling the trigger.”
What I think you mean is pointing a gun of unknown state (loaded or unloaded) and puling the trigger.
“The person targeted by the handgun has every rational reason to fear that his life or health is in serious jeopardy by such an act, despite the gun pointer knowing that the gun isn’t loaded. The act is STILL A CRIME by causing alarm through a fear of injury. That’s why bank robbers with a fake gun can still be charged with armed robbery.”
Further, the person on the business end of that gun often HOPES to take the bullet. They have parties to accomplish this.
The gun isn’t pointed at each other, it’s pointed at the rest of society. And that’s why it should be illegal.