Kentucky court says HIV exposure is covered under endangerment law

AIDS Policy Law. 1999 Feb 5;14(2):1, 11.

Abstract

AIDS: The Kentucky Court of Appeals ruled that Awanton endangerment@ applies in cases where HIV-positive defendants have sexual relations with another person. The ruling came in the case of [name removed], who had a 2-year sexual relationship with a woman after he was diagnosed with HIV. A grand jury had indicted him for wanton endangerment in the first degree, and he entered a conditional plea of guilty to a lesser degree of wanton endangerment. The trial judge gave him a 120-day suspended sentence and placed him on probation for a year. [Name removed] had contended that calling HIV exposure wanton endangerment was against public policy, and such a ruling would mean people could be prosecuted for exposing someone to a cold or the flu. The court's ruling is consistent with rulings in other cases related to criminal exposure to HIV.

Publication types

  • Newspaper Article

MeSH terms

  • Criminal Law*
  • HIV Infections / transmission*
  • Humans
  • Kentucky
  • Sexual Behavior*
  • Truth Disclosure