US: After dispute over whether ‘sexual intercourse’ includes sex between men, the meaning of another part of Florida’s HIV-specific law is challenged again. Is HIV non-disclosure to two women a single crime?

Defense attorney Jerry Berry argues a single letter in a state statute can have a lot of consequences when it comes to jail time if his client is convicted. “It makes a huge difference under the Florida sentencing guidelines,” Berry said.

Berry’s client is X who police say had sex with two women but never told them he was positive for HIV even though he knew we was infected. Both women later tested positive. That adds up to two felony charges but X’s attorney Jerry Berry is motioning for one of those charges to be dropped before the trial starts. “It is a felony not multiple felonies,” Berry said.

In his motion Berry cited state statute relevant to this case which states “any person who commits multiple violations of s.384.24(2) commits a felony of the first degree.” The key word Berry is pointing out is “a.” “I think the statute when it says a felony it means exactly that, one felony,” Berry said. Berry argues having sex multiple times with multiple partners while infected with HIV is only one first degree felony while the state argues it should be two separate felonies.

The maximum sentence for one first degree felony conviction is 30 years in prison. If X gets one of those charges dropped it could mean a lot less jail time if he is convicted. X was not in court Tuesday and the motion to dismiss was deferred to a later date by the judge. Both Berry and the prosecutor said they might arrange an agreement to the issue without getting a legal ruling from the court.