Many people in California who are HIV positive do not know whether they have to disclose their status to their partner or not. They do not know if this still a crime or if it has been changed. Keep reading to learn whether or not it is a crime to have unprotected sex with someone and not disclose a positive HIV status. If you need the opinion of a criminal defense attorney, contact Chambers Law Firm at 714-760-4088.
Understanding California SB 329
California SB 329 went into effect on January 1, 2017. As a result, it is not a felony for people who have HIV to not disclose their status before having unprotected sex. The Bill went even further and vacated sentences for people who had been convicted of non-disclosure of HIV status or felony prostitution based on HIV/AIDs status.
It Can Still Be a Crime to Intentionally Infect Someone with HIV
You’ll note that we mentioned it is no longer a felony but that does not mean that it is not a crime. According to the California Penal Code, it is a misdemeanor offense to have unprotected sex without telling the other party about an STD – but only if there is the intent to infect the other person.
If the person is then actually infected, the punishment can include up to six months in jail and fines of as much as $1,000. If the attempt is not successful and the infectious disease is not transmitted, then the maximum sentence is 90 days in jail.
A Person Can Still Face a Civil Case
While it might not be a felony, a plaintiff can sue the defendant for damages if certain elements are present. Namely, the defendant must have owed the plaintiff a legal duty of care, the defendant must have been negligent, and their negligence must have led to damages suffered by the plaintiff. Once again, this only applies if the defendant intentionally tried to infect their partner.
Relief for People Already Convicted of This Crime
If someone is currently serving time in prison for violating this law, they must contact a criminal defense attorney as soon as possible. Unfortunately, the vacation of the law does not mean that the person is automatically released from prison. For one reason, it is common for a person to face several criminal charges. This charge might not longer apply but that does not mean that other charges do not stand.
That is why it is essential to hire an attorney. You can learn more by contacting Chambers Law Firm at 714-760-4088 for a free legal consultation. We are standing by to help you find the right way forward.
