Intentional Transmission of HIV or AIDS | H&S Code § 120291

Description

Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status and acts with the specific intent to infect the other person may be charged with Intentional Transmission of HIV or AIDS.

What does the prosecutor have to prove?

1. Defendant is afflicted with the human immunodeficiency virus (HIV) and is aware of condition.
2. Defendant exposed another person to HIV by engaging in unprotected sexual activity.
3. Defendant did not disclose his or her HIV-positive status.
4. Defendant engaged in acts with specific intent to infect other person with HIV.

Punishment

Felony: 3years/5years/8years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No