Police: Boise man with HIV failed to tell sexual partner
Police have charged a 40-year-old Boise man with a felony for knowingly transferring body fluids containing HIV. Officers say X is accused of the crime by a victim who wasn’t told of the 40-year-old’s HIV infection when both engaged in sex. X was arrested on a warrant Thursday.
Police press release below: http://police.cityofboise.org/home/news-releases/2013/12/intoxicated-man-accused-of-vandalizing-a-small-business-man-arrested-for-hiv-related-charges-bpd-daily-incident-report/
Arrested: X, 40, Boise
Charged: Transfer of bodily fluids which may contain HIV (F)
Boise Police were called by the victim in early August. The victim reported to officers he had sex with the suspect and later learned the suspect has HIV. The victim told officers he wished to pursue criminal charges against the suspect for knowing transmitting fluids that contain HIV. The case was tranferred to detectives with the Boise Police Special Victims Unit. Detectives continued to investigate and forwarded their reports to Ada County Prosecutors for review of potential charges. A warrant was issued for the suspects arrest on the above charge and he was booked into the Ada County Jail last night.
ISC 39-608. Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine. (2)Definitions. As used in this section: (a)”Body fluid” means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine. (b)”Transfer” means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person. (3)Defenses: (a)Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity. (b)Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious.
