Legal Question in Criminal Law in California
Is deliberate HIV exposure illegal?
I want to know if its a crime to have sex with someone while infected with HIV and deliberately not telling the person that you are infected.
Asked on 10/28/00, 5:47 am
1 Answer from Attorneys
Steven Mandell
Law Offices of Steven R. Mandell
Re: Is deliberate HIV exposure illegal?
Penal Code section 12022.85 makes the punishment for various sex crimes (such as rape) much worse if you have AIDS. It is my BELIEF that you could also be charged with assault and/or battery by having consensual sex without disclosing the condition to the other person, but I'm not certain of that. I suggest you have a consultation with a criminal lawyer who can then research this issue more fully. Best of luck.
Answered on 11/16/00, 2:45 pm
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