Many people might not be aware that, in some cases, it can actually be a crime to transmit a sexually transmitted disease (STD) to another person. California HSC 120290 makes it a crime to intentionally transmit an infectious disease. This includes HIV/AIDS, Chlamydia, Gonorrhea, Herpes, and more. This is a very serious charge and should be taken seriously. If you find yourself charged with this, it’s a good idea to contact a criminal defense lawyer right away.
To be convicted of intentionally transmitting an STD, the prosecutor must prove the following elements beyond a reasonable doubt:
In 2018, California made changes that significantly altered how this crime was treated. In 2018, California HSC 120291 was repealed. HSC 120291 made it a felony to intentionally transmit HIV to another person. By repealing HSC 120291, California made transmitting HIV and transmitting other STDs and infectious diseases the same crime, rather than criminalizing the transmission of HIV more harshly. The penalty for being convicted of HSC 120291 was three, five, or eight years in California state prison. With California HSC 120291 being repealed, most crimes relating to intentionally transmitting disease are governed by California HSC 120290 and are misdemeanors. The penalties are up to six months in county jail and/or a fine of no more than $1,000.
If you’re unsure of what constitutes this crime, illustrations can help. The following are examples of when a person could be charged and convicted of intentionally transmitting an infectious disease:
Any time you’re charged with a crime, it’s also a good idea to familiarize yourself with some of the legal defenses to that crime. It’s not always a lost cause if you’re charged with intentionally transmitting an infectious disease. There are several defenses, including but not limited to the following:
If you knew you had an STD but took measures to prevent transmission, this could get you off the hook. For example, did you undergo treatment and use protection during intercourse? This can be a strong defense.
Medical testimony can be presented providing evidence that the conduct posed a low risk of transmission.
If your attorney can provide evidence that you didn’t know you had a sexually transmitted disease, this is a great defense. An element of the crime is that the transmission was intentional. Intent cannot be shown if you can prove that you didn’t know about the disease.
Being charged with intentionally transmitting an infectious disease is a serious crime. If you were arrested or are being questioned about this type of charge, Attorney William S. Kroger is here for you. He has been a criminal defense attorney for more than two decades. Additionally, he is admitted to practice in several federal jurisdictions. Attorney William S. Kroger will do whatever it takes to protect you and your rights. Don’t hesitate to reach out for a free, confidential consultation. Set up a meeting by calling 323-655-5700 or by messaging us today.