Intentionally Transmitting an Infectious Disease in California

California Health and Safety Code 120290: Intentionally Transmitting an Infectious Disease

Under California Health and Safety Code 120290, it is violation of the law to purposefully transmit an infectious disease to another person. We can define this in the following scenarios:

1. “The defendant knows that he or she or a third party is afflicted with an infectious or communicable disease.”
2. “The defendant acts with the specific intent to transmit or cause an afflicted third party to transmit that disease to another person.”
3. “The defendant or the afflicted third party engages in conduct that poses a substantial risk of transmission to that person.”
4. “The defendant or the third party transmits the infectious or communicable disease to the other person.”

Offenses can include knowingly passing a sexually transmitted disease to a partner or even sharing needles infected with HIV.

What are the Punishments for Violating Health and Safety Code 120290 Willful Exposure to Infectious Disease Including HIV/AIDS?

Violating this Health and Safety code may result in a misdemeanor punishable by a maximum of 6 months in county jail and a fine of up to $1000.

A defendant can fight against charges under 120290 HS by having no knowledge of the infectious disease, proving no intent to transmit that disease, or simply even if no transmission occurs at all. Actual disease transmission proves guilt for this crime. So if there is a way to prove that the disease was not transmitted, or at least not transmitted by the defendant, there is grounds for dismissal. 

What Are Other Related Offenses?

There are three other charges that can be related to Health and Safety Code 120290.  Health and Safety Code 1621.5, Penal Code 12022.85, and Penal Code 243.4. 

Health and Safety Code 1621.5 Donating Blood with Knowledge of Infection with HIV or AIDS

This code criminalizes donating blood, organs, semen, or breast milk when knowingly infected with HIV or AIDS. This law pertains to the donation of infectious diseases, rather than transmission. 

Penal Code 12022.85 HIV Law

Violating Health and Safety Code 120290, and causing HIV/AIDS during those acts with a minor, adds three years. The three year enhancement of charges goes on top of the time served for the underlying charges. 

Penal Code 243.4 Knowingly Transmitting an Infectious Disease While also Committing Sexual Battery.

Violation of this penal code and Health and Safety Code 120290 would be that a person knowingly transmitting an infectious disease while also committing sexual battery. A person commits sexual battery when they touch another’s genitalia for their own gratification. In this case, touching would be the form of conduct that spreads the infectious disease. A prosecutor can charge this as a misdemeanor or a felony. Misdemeanor offense can lead up to one year in prison and up to $3000 fine. A felony offense can have up to a 4 year prison sentence and fines up to $10,000.

How To Defend Yourself Against HSC Section 120290 Charges

It is important to realize that HSC Section 120290 charges can seriously affect a defendant’s future. Even a misdemeanor charge can lead to a criminal record that affects every part of your life. Especially related to communicable diseases. It can affect employment, immigration status, and personal reputation. Therefore, it is crucial to have your case handled by an experienced attorney who can assess all the nuances and build a defense strategy.

In addition, prosecutors must prove not only the fact of infection, but also that the defendant knew about the disease. That he or she intentionally attempted to transmit the infection, and that the infection actually occurred or there was a high risk of transmission. If even one of these elements is missing, the charge can be dismissed. For example, if a person participated in risky behavior but was unaware that he or she was infected, this does not fall under HSC 120290. The defense can argue that protected contact and a low likelihood of transmission meant there was no risk of infection.

The lawyers at KAASS LAW are prepared to act quickly and decisively. We will provide comprehensive legal support. We will also analyze medical documents, involve experts if necessary and achieve justice in court. Under no circumstances should you wait if you are faced with such a charge.

Glendale Criminal Defense Attorney

If If you or a loved one is charged with intentionally transmitting an Infectious disease or its related offenses, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.