Oh, cool.
I am glad to know the law in Missouri has already been tested, leaving less loopholes such as arguing "I didn't intend to expose them" and "HIV isn't a deadly disease". I'm sure he'll find his own, though. He's had plenty of time to think about it.
AIDS Policy Law. 1998 Jul 24;13(13):11-2.Links
Missouri's HIV exposure law upheld as constitutional.
[No authors listed]
AIDS: The Missouri Supreme Court upheld a State statue that makes it a felony to knowingly expose someone to HIV through sexual contact. The ruling was a result of two cases, each involving an HIV-positive man. Sean Sykes and Charles Mahan Jr. were convicted under a 1988 statute that made it a Class D felony to purposefully expose someone to grave and unjustifiable risk of contracting the virus. The men argued that the law was unconstitutional because it criminalized sexual behavior which is constitutionally protected, and the statute was vague because it did not define what constitutes grave and unjustifiable risk. The Court also rejected the argument that prosecutors should be forbidden from obtaining confidential medical records of people who might have violated the statute.
Just to refresh your memory:
(to read in whole, Google 191.677)
Prohibited acts, criminal penalties.
191.677. 1. It shall be unlawful for any individual knowingly infected with HIV to...Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV...Through contact with blood, semen or vaginal secretions in the course of oral, anal or vaginal sexual intercourse;
(Perhaps he'll argue that he wasn't "reckless", I thought, until I read on and saw they'd defined it.)
...Evidence that a person has acted recklessly in creating a risk of infecting another individual with HIV shall include, but is not limited to, the following:
a. The HIV-infected person knew of such infection before engaging in sexual activity with another person...or purposely causing his or her semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of another person, and such other person is unaware of the HIV-infected person's condition or does not consent to contact with blood, semen or vaginal fluid in the course of such activities; ...
(Punishment)
Class B felony (unless the victim contracts HIV from the contact in which case it is a class A felony)
[a term of years not less than five years and not to exceed fifteen years]
(and my favorite part)
The use of condoms is not a defense.
AIDS Policy Law. 1998 Jul 24;13(13):11-2.Links
Missouri's HIV exposure law upheld as constitutional.
[No authors listed]
AIDS: The Missouri Supreme Court upheld a State statue that makes it a felony to knowingly expose someone to HIV through sexual contact. The ruling was a result of two cases, each involving an HIV-positive man. Sean Sykes and Charles Mahan Jr. were convicted under a 1988 statute that made it a Class D felony to purposefully expose someone to grave and unjustifiable risk of contracting the virus. The men argued that the law was unconstitutional because it criminalized sexual behavior which is constitutionally protected, and the statute was vague because it did not define what constitutes grave and unjustifiable risk. The Court also rejected the argument that prosecutors should be forbidden from obtaining confidential medical records of people who might have violated the statute.
Just to refresh your memory:
(to read in whole, Google 191.677)
Prohibited acts, criminal penalties.
191.677. 1. It shall be unlawful for any individual knowingly infected with HIV to...Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV...Through contact with blood, semen or vaginal secretions in the course of oral, anal or vaginal sexual intercourse;
(Perhaps he'll argue that he wasn't "reckless", I thought, until I read on and saw they'd defined it.)
...Evidence that a person has acted recklessly in creating a risk of infecting another individual with HIV shall include, but is not limited to, the following:
a. The HIV-infected person knew of such infection before engaging in sexual activity with another person...or purposely causing his or her semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of another person, and such other person is unaware of the HIV-infected person's condition or does not consent to contact with blood, semen or vaginal fluid in the course of such activities; ...
(Punishment)
Class B felony (unless the victim contracts HIV from the contact in which case it is a class A felony)
[a term of years not less than five years and not to exceed fifteen years]
(and my favorite part)
The use of condoms is not a defense.