The issue here concerns criminal law. Liability is civil law. Whether institutions should be held liable for not putting things like ventilation in place is an

The issue here concerns criminal law. Liability is civil law. Whether institutions should be held liable for not putting things like ventilation in place is an interesting question, but irrelevant to interpersonal criminal law. And besides, the law turns the act from a felony to a misdemeanor. We are not even in the same ballpark as asserting some kind of "right" to give someone else a cold or HIV.