HIV is a virus, not a crime. Giving it to someone can be. Legalizing the act of giving it to someone when you know you’re positive and they don’t was a major objective of the corruption of the legal system by politics that occurred with regularity under the Democrats.
If someone you don't know or just met pointed a gun at you that THEY know - or knew the last time they checked two months ago - to be unloaded, and don't let you know it until afterwards, your justified alarm can be enough to establish a crime: assault. You have reasonable cause to fear death or serious bodily injury.
Do the "finger robbers" get off from the crime of robbery because they didn't have the ability to hurt anyone?