Legal Question in Criminal Law in Florida

Intentional HIV transmission: "Against the law?"

What, if any, are the legal ramifications of someone engaging in unprotected sexual behavior knowing that he or she is HIV positive, assuming that the unknowing partner relying on claims of negative status for several months, becomes infected? Would the "recipient" of the infection have any legal recourse, if for no other reason than to prevent the transmitter of the disease from transmitting it to others? This assumes that the "transmitter" was aware of the positive status prior to the unprotected activity.

Asked on 11/24/97, 8:25 pm

1 Answer from Attorneys

Michael Morris Michael E. Morris, Esq.
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Intentional HIV transmission

As for criminal sanctions, there are some if the person has created some previous sexual criminal act, was tested, and then commits another act. In the civil area, the cases are mixed. The victim would probably have to come up positive in order to be able to sustain an action. This kind of case depends heavily upon the specific facts, so you really might want to consult an attorney in your area.

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11/25/97, 9:12 am

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