Can You Knowingly Spread Hiv in California

Posted on July 30, 2021

Cheers to California Senate Bill 239, equally of Jan 1, 2017, it is no longer a felony for people who are HIV-positive to accept unprotected sex and not disclose their status.

The new California police SB 239 also automatically vacated prior convictions related to:

• Non-disclosure of HIV status (former Penal Code 647f), and/or
• Felony prostitution convictions based on HIV/AIDS condition.

Simply, information technology is nonetheless possible for someone to file a civil lawsuit for coin damages if a partner fails to disclose an STD.

Beneath, we discuss how the new police SB 239 has changed California HIV constabulary and when someone needs to disembalm an STD to a partner.

• one. PC 120290 – intentionally trying to infect someone with HIV
• 2. Is non-disclosure withal a crime?
• iii. Is in that location mandatory HIV-educational activity for prostitution or solicitation convictions?
• 4. Can I be sued for not disclosing my HIV-positive condition to a partner?

Equally of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disembalm their condition.

one. Is information technology a offense intentionally to infect someone with HIV?

Penal Lawmaking 120290 is California's law on willful exposure to an infectious disease. PC 120290 makes information technology a misdemeanor to have unprotected sex without telling a partner of an STD – only just if the intention is to infect the other person.

If the person is really infected every bit a result of the intentional HIV exposure, PC 120290 tin can be punished by:

• Upwards to 6 months in jail, and/or
• A fine of upward to $1,000.

Attempting (unsuccessfully) to transmit an infectious or communicable affliction can be punished past up to 90 days in jail.

ii. Is non-disclosure still a criminal offence?

SB 239 likewise added Section 1170.21 to the California Penal Code to negate HIV criminalization laws. Penal Code 1170.21 automatically vacates prior arrests and convictions for these HIV-specific criminal laws:

• Non-disclosure of HIV status (erstwhile Penal Code 647f), and/or
• Felony prostitution convictions based on HIV status.

In a misguided attempt to promote public health issues, encourage HIV prevention, and terminate the spread of HIV using criminal laws, quondam Penal Code 647f made it a felony for someone who knew he or she was HIV positive to have unprotected sexual practice with a partner without first informing the partner.

California law as well fabricated it a felony for a defendant who tested positive for AIDS after a prostitution confidence to be convicted of a 2nd prostitution offense.

SB 239 automatically vacated these arrests and convictions. For all legal intents and purposes, they never occurred. This means that people who were arrested, charged or convicted of these counts do not need to disclose them when applying for employment or a California state license.

But anyone currently serving a sentence for such a charge must petition the courtroom to vacate the confidence. Time served will exist credited to whatever related charges on which the defendant was besides bedevilled (such equally Penal Lawmaking 647b, California's police on prostitution).

SB 239 was authored by Sen. Scott Wiener and Assemblyman Todd Gloria and was signed into law by then-Governor Jerry Brown. The pecker was championed by many Californians in the LGBTQ community, including transgender women and men, people of colour, including blackness men and black women, equally well as sex workers. Many Republicans opposed the pecker.

At that place are at present very effective treatments for HIV besides equally widespread HIV testing. It is no longer the death sentence for HIV-positive people that it used to be.

3. Is there mandatory HIV-educational activity for prostitution or solicitation convictions?

Under California's HIV constabulary prior to SB 239, anyone convicted of a first offense for prostitution or soliciting prostitution was required to take an AIDS education course near HIV manual.

But following the enactment of SB 239 people convicted of a first criminal offence for these charges no longer need to do so.

4. Tin can I exist sued for not disclosing my HIV-positive condition to a partner?

California law allows a plaintiff to sue for amercement if:

1. The accused owed the plaintiff a legal duty of care,
2. The defendant was negligent, and
3. As a result of the accused'southward negligence, the plaintiff suffered damages.

There is likewise a "negligence per se" law in California. Nether this law, a accused is liable in a civil lawsuit when:

1. The defendant violated a statute, ordinance, or regulation;
2. The violation caused death or injury to person or property;
3. The death or injury resulted from an act the statute, ordinance, or regulation was designed to prevent; and
4. The person who suffered the death or the injury was a member of a group the statute, ordinance, or regulation was designed to protect.

Sexual partners are members of the group that Penal Code 120290 is trying to protect.

But a accused only violates Penal Code 120290 when he or she intentionally tries to infect a partner. And then people will normally not exist liable under a theory of negligence per se.

This ways that in nigh cases, a plaintiff would accept to prove actual negligence by a preponderance of the show.

A defendant might be negligent for infecting a partner with HIV if:

1. The defendant knew he or she had AIDS or was HIV-positive;
2. The defendant was negligent in not disclosing his/her status and/or non using a condom or dental dam; and
3. As a outcome of that negligence, the plaintiff caused the affliction through the manual of HIV and suffered amercement  (such equally medical bills and/or pain and suffering).

Call our law firm for help. Nosotros offer gratuitous consultations. Nosotros are based in Los Angeles but accept offices throughout the state.

Larn more at the Centers for Affliction Control and Prevention (CDC / cdc.gov), The Williams Establish at UCLA, the Center for HIV Constabulary and Policy.

Virtually the Author

Neil Shouse

A erstwhile Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court Goggle box, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers equally one of the Top 100 Criminal and Top 100 Civil Attorneys.

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Source: https://www.shouselaw.com/ca/blog/laws/do-i-have-to-tell-a-sexual-partner-that-i-am-hiv-positive-in-california/#:~:text=Is%20it%20a%20crime%20intentionally,to%20infect%20the%20other%20person.

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