Intentional Transmission of an Infectious Disease

Health Safety Code -§ 120290

What counts as a violation of Health & Safety Code § 120290?

Health & Safety Code § 120290 makes it a crime to intentionally transmit an infectious disease.

To be convicted under Health & Safety Code § 120290, all of the following must be proven:

  1. You have an infectious, communicable, or transmittable disease,
  2. You knew about the potential risks of the disease, and
  3. You intentionally exposed another person to that disease.

What is the punishment for a violation of Health & Safety Code § 120290?

A violation of Health & Safety Code § 120290 is a misdemeanor punishable by imprisonment for up to 6 months in jail and a fine of up to $1,000.  

What are defenses to Health & Safety Code § 120290?

  • You did not know that you had an infectious disease
  • You did not intend to transmit that disease to another person
  • You did not have an infectious disease

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