Intentionally Exposing Others To The HIV Virus Through Sexual Activity

Though there have been a lot of strides in the treatment and care of persons with HIV and AIDS, enabling them to live long and healthy lives. The HIV virus is still a highly infectious disease that can still turn deadly for several individuals. The most common way to spread the HIV virus is through unprotected sexual intercourse.

In California, anyone who deliberately exposes another to the HIV virus through sexual activity is guilty of a felony offense under California Health and Safety Code 120291 HSC. Under this statute, sexual activity refers to:

• Insertive vaginal or anal intercourse on the part of an infected male
• Receptive consensual vaginal intercourse on the part of an infected woman with a male partner
• Receptive consensual anal intercourse on the part of an infected man or woman with a male partner

All the sexual acts need to be unprotected, meaning no condom was used for them to be in violation of California Health and Safety Code 120291 HSC. Oral sex is not considered a crime under this statute, even if one of the parties involved was infected with the HIV virus.

HSC 120291 – Sentencing 

Consciously exposing others to the HIV virus through sexual activity is a felony offense. If convicted, the defendant could be facing three, five, or eight years in California state prison.

Crimes Related To Willfully Exposing Others to the HIV Virus through Sexual Activity

Medical Donation By A Person Infected With HIV – California Health and Safety Code Section 1621.5 HSC
Willfully Exposing Others To Communicable Diseases – California Health & Safety Code Section 120290 HSC
Penalty Enhancement For Sex Crimes By Person with HIV/AIDS – California Penal Code Section 12022.85 PC

HSC 120291 – Prosecution 

To successfully have a defendant convicted according to California Health and Safety Code 120291, the prosecutor will have to irrevocably prove the following elements:

• The defendant has the human immunodeficiency virus (HIV), and he or she is aware of this
• The defendant willfully exposed another individual to HIV by engaging in unprotected sexual activity
• The defendant did not inform their partner of their HIV-positive status
• The defendant participated in the sexual activity with the intent to infect the other party with HIV

One of the hardest things for the prosecutor to prove under this statute is the defendant’s intent to infect the other person with HIV since there is no specific interpretation of intent recorded in any published California cases. Plus, the prosecutor showing the defendant knew of their HIV-positive status is not enough to prove intent.

The defendant should also be aware that just because the other party was not infected with the HIV virus after having unprotected sex is not enough to get them acquitted from charges under California Health and Safety 120291 HSC.

HSC 120291 – Defenses 

If you are facing charges for willfully exposing others to the HIV virus through sexual activity. You should know there are several defenses a criminal defense attorney can use to successfully argue your case in court. Some of these defenses include:

Was Not Aware They Had The HIV Virus

Unless someone gets tested, there is no way they can be certain they have the HIV virus or not. Thus if the defendant was not aware they had the virus, they should not face any criminal liability under the California Health and Safety Code 120291 HSC. Thus, if the defendant’s lawyer can successfully prove that the defendant was unaware of their HIV-positive status in court, it can serve as a strong defense.

Involuntary Intoxication Defense

If the defendant happened to be intoxicated or drugged and unknowingly engaged in unprotected sexual activity. Their defense attorney can use this information to plead an involuntary intoxication defense since the defendant did not knowingly intend to infect anyone with the virus. But due to their intoxication, they acted in a way they ordinarily would not.

Willfully Exposing Others To The HIV Virus Through Sexual Activity – Hire Us 

Being convicted for charges under California Health and Safety 120191 HSC comes with some very stiff penalties that could prove life-changing in a very negative way. Therefore, to ensure the best possible outcome for yourself or a loved one, you must contact a criminal defense lawyer at Law Mart. Our criminal defense attorneys have a substantial amount of experience handling cases of this nature, and you can count on him to do the very best for your case.