In the world of iZombie, while there are a handful of killer, brain-hungry monsters out there, most of the zombies find peaceful ways to coexist with humans. But just because they aren’t out there murdering innocent people doesn’t mean the zombies are operating under the law -at least, not if they were in California instead of Washington. San Marcos criminal lawyer Peter M. Liss explains.
The first law many of the zombies in this world break is willingly exposing people to an infectious disease. Even if they aren’t intentionally infecting people, like Blair or the minions of Fillmore-Graves, the zombie virus is highly virulent and too small to be stopped by condoms or rubber gloves. While just walking through the streets as a zombie isn’t exposing people to the virus because it requires some level of physical contact, zombies working in the food or health industries would be putting people at risk every day. Additionally, any zombie who kissed a human would be running the risk of exposing that person to the virus. Under the law, it does not matter if a person actually was infected, simply knowingly exposing someone to an infectious disease is illegal -which could leave many zombies behind bars.
As for those who intentionally infected others with the disease, that could easily be considered assault, battery or even murder (zombies are technically dead) depending on how the prosecutor decides to apply the law. It would take a truly skilled Escondido violent crimes attorney to have these charges reduced at first too because there is no doubt that the District Attorney would want to make an example out of the early cases and because the scared human populace would likely be very anti-zombie at this point.
Of course, whether zombies would be considered fit to stand trial would be a debatable manner in itself as they are technically already dead. As discussed in our prior article about the legality of killing zombies, death in California occurs when a person becomes brain dead. In the world of iZombie, it seems that the zombies have full brain activity, but if they were legally declared dead before they rose again in their undead state, they may not be able to fight the charges under the law. This would be an interesting legal question that would be hotly debated in court between prosecutors and Fallbrook defense lawyers alike.
Of course, there are other issues in this world as well, like where the zombies would get their brains. Under California health and safety code, removing any part of human remains from where they have been interred or are awaiting interment or cremation is a crime -so even those brain distributors who are not murdering for food are still breaking the law. In this case though, a skilled defense attorney in Rancho Bernardo would likely be able to fight the charges on the basis that not eating brains turns zombies into feral killing machines -so finding a safe way for zombies to eat without harming the public is an exigent circumstance that falls under the defense of others.
For the time being, zombies are still fictional (as far as we know). But real people still regularly face charges related to willingly exposing people to infectious disease, assault, battery, murder and more. If you have been accused of any crime, North County defense attorney Peter M. Liss can help. Please call (760) 643-4050 to schedule a free initial consultation to discuss your case.
Creative Commons Image by Adeel Anwer