Intentional Transmission of HIV or AIDS

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.