California Intentional Exposure Law - Health and Safety Code 120290 (2023)

Health and Safety Code 120290 HSDoes the California statute make it a crime?Intentionally conveyonecontageous disease.faith is acrimeUp to 6 months in prison and a fine of up to $1,000.00.

120290HSexplain:

"(a)(1) A defendant is guilty of intentionally spreading a contagious disease or infectious disease if all of the following conditions are met:

(A) The suspect knew that he or a third person had an infectious or contagious disease.

(B) The defendant acted with the specific intent to spread the disease or cause an infected third party to spread the disease to another person.

(C) The defendant or an affected third party has engaged in conduct that presents a significant risk of transmission to that person.

(D) The defendant or a third person transmitted a communicable disease or communicable disease to others.

(E) If the exposure occurred through an interaction with the defendant and not a third party, the person who was exposed to the disease during the voluntary interaction with the defendant did not know that the defendant had the disease. A person's interaction with a defendant is not involuntary based solely on his or her ignorance that the defendant has a disease.

example:

• Intentional transmission of herpes to a sexual partner.
• HIV is transmitted by sharing drug needles.
• Intentionally spreading COVID-19 to others after testing positive.

defense

Defendants may use 120290 HS to collectlegal defenseSome common defenses are:

• InKnowledgecontageous disease,
• Inintentionforward, and/or
• Intransfer.

sanctions

Violation of this law is Californiacrime(as opposed to acriminal behaviororfoul).

The following penalties are provided for this offense:

• jailcounty jailup to six months, and/or
• The maximum fine is $1,000.

AnseCalifornia Criminal LawyerThis article will focus on the following:

• 1. When is exposure to a contagious disease a crime in California?
• 2. Is there a legal defense?
  • 2.1 Ignorance of infectious diseases
  • 2.2. Unintentional sending
  • 2.3 No Transmission
• 3. What are the penalties for intentional exposure to disease?
• 4. Does it have an impact on immigration?
• 5. Can the conviction be overturned?
• 6. Does the conviction affect the right to bear arms?
• 7. Are there related violations?
  • 7.1 Medical donations of people living with HIV - HS 1621.5
  • 7.2. Increasing prison terms for sexual offenses committed against people living with HIV or AIDS - PC 12022.85
  • 7.3. Sexual battery-PC 243.4

1. When is exposure to a contagious disease a crime in California?

Health and Safety Code 120290 HSCalifornia law makes it a crime to knowingly spread an infectious disease.

Prosecutors must prove four things to convict someone under this statute. These are the suspects:

1. Knowinghim or a third partyinfectious disease or contagious disease,
2. iintent to conveyor cause a third person to transmit the disease to another person,
3. engage in “behaviourthe main risktransfer" to another person, i
4. sendSpreading the disease to other people (either through your own fault or through a third party).¹

A ”infectious disease or contagious diseaseIt refers to the disease:

• person-to-person distribution (direct or indirect), i
• have major implications for public health.²

Examples include:

• HIV,
• AIDS,
• herpes,
• gonorrhea, i
• Chlamydia.

“Behaviors that pose a significant risk of transmissionIt refers to behavior that has a reasonable chance of spreading the disease.

Examples include:

• unprotected sex, i
• Sharing needles for injecting drugs.

2. Is there a legal defense?

the defendant maylegal defensecontest any charge under this Act.

Three common defense strategies are:

1. They know nothing about infectious diseases,
2. sent unintentionally, and/or
3. No transmission.

2.1 Ignorance of infectious diseases

A person is guilty of a HS 120290 charge only ifKnowingHe has an infectious disease. This means that the suspect can prove that he did not know knowledge that is legal.

2.2. Unintentional sending

remember the followingCalifornia STD law, it's just a crimebroadcast on purposedisease.

The law states that if a suspect takes or attempts to takepractical meansto prevent transmission (such as wearing a condom during sex).³

Therefore, defendants can fight HS 120290 charges by proving that they did not communicate with specific intent.

2.3 No Transmission

The suspect commits a criminal offense under this Act only if:transfercontageous disease. Thus, the suspect can prove his innocence by proving that the transfer did not take place.