California Reduces Criminal Penalties for Knowingly Exposing Partners to HIV

San Jose Criminal Penalties Lawyer And Santa Clara Health Attorney

When L.A. Lakers star Magic Johnson announced that he was HIV-positive in 1991, the sports world and the general public reacted as if he had just read his own death sentence. Since entering the public consciousness in the mid-1980s, the human immunodeficiency virus (HIV) has been the subject of intense study and overall fear in the United States. This is particularly true of the final stage of HIV infection known as acquired immunodeficiency syndrome, or AIDS.

The sexually transmitted disease was dangerous enough for many states, including California, to pass legislation that made it a criminal offense to knowingly expose a sexual partner to HIV—and in California, doing so was a felony until very recently. In October of last year, Governor Jerry Brown signed a controversial bill to reduce the criminal penalties associated with knowingly exposing a partner to HIV. The measure went into effect on January 1, 2018, and lowered the offense from a felony to a misdemeanor. Supporters of the new law believe that destigmatizing HIV is the first step in encouraging people to get tested, which in turn, will help stop the virus from spreading.

Living Longer With HIV

Magic Johnson made his famous announcement more than 26 years ago, but experts say his survival is not all that surprising. Reports indicate that he relies on the same treatments and medication that are currently available to HIV patients throughout the developed world. Advances in modern medicine have found ways to keep HIV from progressing to AIDS, which is the key to surviving with the virus.

There are currently more than 1 million Americans living with HIV, and about 40,000 new cases are diagnosed in the U.S. each year. About 18,000 cases progress to AIDS annually, and nearly 7,000 deaths are attributed to directly to HIV/AIDS.

Lower Prison Sentences

Prior to 2018, a person found guilty of knowingly exposing a sexual partner to HIV could be sentenced to up to eight years in prison. Under the new law, the maximum sentence is six months. Opponents of the measure are concerned that the reduced penalties could backfire and lead to an increase in transmission of the virus. They expressed worry that HIV-positive individuals may not be as careful as they should be now that the risk of criminal punishment is lower.

Call Us for Help

If you are facing allegations of knowingly exposing a sexual partner to HIV or any other sexually-transmitted disease, contact an experienced San Jose criminal defense attorney. Call 408-277-0377 for a free, confidential consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:https://san-jose-criminal-defense-law.com/

https://www.cnn.com/2017/10/07/health/california-hiv-bill-signed/index.html

https://www.livescience.com/16909-magic-johnson-hiv-aids-anniversary.html

https://www.cdc.gov/hiv/statistics/overview/ataglance.html