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.
With probation 0-364 days