Can I be charged with a crime for giving someone else HIV, or even for having sex with another person?
Yes. You may face criminal charges if you use HIV as a way to harm someone else, or even if you fail to inform your partner of your HIV status and you have unprotected sex. You may be charged with such crimes as assault and battery, reckless endangerment, negligent homicide, reckless homicide, or intentional homicide, depending on the circumstances.
Even if you have sex with another consenting adult who does not contract HIV, you can still be prosecuted for putting that person at risk for getting the disease. It will be difficult to be convicted in this case if you practice safe, protected sex. For more information, contact an attorney or AIDS legal service.
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