Intentional HIV/AIDS Transmission DefenseCalifornia Penal Code § 120290
Free Consultation.What counts as a violation of Health & Safety Code § 120291?
Health & Safety Code § 120291 makes it a crime to intentionally transmit HIVS or AIDS to another person.
To be convicted under Health & Safety Code § 120291, all of the following must be proven:
The defendant knows that he or she or a third party is afflicted with an infectious or communicable disease.
The defendant acts with the specific intent to transmit or cause an afflicted third party to transmit that disease to another person.
The defendant or the afflicted third party engages in conduct that poses a substantial risk of transmission to that person.
The defendant or the third party transmits the infectious or communicable disease to the other person.
If exposure occurs through interaction with the defendant and not a third party, the person exposed to the disease during voluntary interaction with the defendant did not know that the defendant was afflicted with the disease. A person’s interaction with the defendant is not involuntary solely on the basis of his or her lack of knowledge that the defendant was afflicted with the disease.
What is the punishment for a violation of Health & Safety Code § 120291?
A violation of Health & Safety Code § 120291 is a felony punishable by imprisonment by up to six years in prison.
What are defenses to Health & Safety Code § 120291?
You did not know that you had HIV or AIDS
You did not intend to transmit that disease to another person
You did not have HIV or AIDS
You used practical means of protection to prevent transmission to the other person
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