If you’re living with HIV, you already have plenty to worry about without thinking of possible criminal charges. But many states have enacted laws that require individuals who test positive for HIV to report their status to the state as well as their current and previous sexual or needle-sharing partners. Some states through laws or court rulings even equate HIV and AIDS to a weapon.
Informing your sexual or needle-sharing partners of your HIV status is the right thing to do, but it may also be the only way to avoid criminal prosecution.
Texas Laws on HIV Criminalization
If a person with HIV or AIDS exposes another individual without previously stating his or her positive status, that person can be charged with assault with a deadly weapon under the Texas penal code. Under the law, anything can be a deadly weapon if it can be used to cause serious harm or death. You may be charged with this crime even if you engaged in consensual sex with the person.
If a person who knows he or she has HIV or AIDS exposes another person without informing that individual of his or her positive status and had the intent to infect that individual, he or she can be charged with attempted murder. This can also occur despite consensual sex.
HIV isn’t the only disease Texas views as a potential weapon. Anyone who gives a sexually transmitted disease, like syphilis or hepatitis, to another person without having notified them of the possibility of transmission can be charged with assault. This is because it fits the legal definition of one person causing bodily injury to another.
Potential Consequences for Criminal Transmission Charges
A conviction for criminal transmission of an infectious disease can lead to severe and life-altering penalties. The punishment you face will depend on the charge, ranging from a misdemeanor to a first-degree felony.
Penalties for Assault of Attempted Murder
Based on the Texas Penal Code and court rulings, HIV transmission or exposure can be prosecuted as a form of assault or even attempted murder. This is because courts have determined that HIV-infected bodily fluids can be classified as a “deadly weapon” under the state’s legal definition. Under Texas law, the penalties for these charges are significant.
- Assault Conviction: In general, an assault conviction is punishable by a fine up to $4,000 and up to one year in prison.
- Assault with a Deadly Weapon: A conviction for this charge can result in a prison sentence of 2 to 20 years and a fine of up to $10,000.
- Attempted Murder: The most severe of these charges, attempted murder, can lead to a prison sentence of 2 to 99 years and a fine of up to $10,000.
Collateral Consequences & Social Stigma
A conviction for criminal transmission of HIV carries significant collateral consequences beyond prison time and fines. The social stigma associated with HIV and criminal convictions in general can be particularly damaging.
- Employment and Housing: A felony conviction can make it difficult to secure employment or stable housing. Some professional licenses can even be revoked or denied, and housing providers may have policies that bar individuals with criminal records.
- Immigration: For non-U.S. citizens, an HIV-related criminal conviction can lead to a denial of citizenship, deportation, or a bar on reentry into the country.
- Public Perception: Despite medical advancements, the social stigma surrounding HIV remains. A criminal conviction can exacerbate this stigma, leading to public shaming, social rejection, and isolation. This can severely impact a person’s mental health and relationships with friends and family.
The Importance of Informing Partners
The smartest and safest way to move forward after testing positive for HIV is to inform your current and previous sexual and needle-sharing partners. To help you do this, Texas law created partner services, which are offered to everyone with HIV, AIDS, or an STD. While you can tell your partners yourself, this service will anonymously inform these individuals of the possibility of transmission and give them information about being tested.
How an Experienced Houston Criminal Defense Lawyer Can Help
No matter the controversy, people with HIV must tell their partners and follow their state laws or risk being charged with a crime. If you’ve been charged with a crime due to transmitting the disease, you need to work with an experienced and fierce criminal law attorney to reduce the charge or prove your innocence.
Given his previous experience as a prosecutor, Houston criminal defense attorney Ned Barnett knows every side of the law and can build you a strong defense. He’ll be an aggressive advocate for your rights in court. Contact The Law Offices of Ned Barnett at (713) 222-6767 to receive a free consultation today.