Due to prevalent communicable and sexually transmitted diseases, the Californian state government came with stringent measures to control the rate of infection of such ailments. One of the most controversial yet helpful measures involves punishing those who knowingly infect others with various diseases, especially sexually transmitted infections. The government formulated such laws under the Health and Safety Code 120290 and 120291.
What are the laws governing willful exposure to infectious diseases in Los Angeles?
According to the Health and Safety Code 120290, you should not willfully put another person at risk of developing contagious or infectious disease if you are afflicted. The law also hinders people from willfully exposing another person who is affected to one who is not. This also includes placing an infected person in a place or situation where he or she can infect others.
Code 120291 applies only to transmission of HIV. Under this code, it’s a serious crime to engage in unprotected sex willfully or without revealing your HIV status. Even if you had the intent or not, you are still in violation of the code.
Penalties for violating the law
Los Angeles authorities consider violation of Health and Safety Code 120290 a crime punishable by law. A person found guilty of the charges can go up to six months in Los Angeles county jail. Sometimes, the charges may attract a maximum fine of $ 1,000.
The county considers it an act of felony if someone violates the Health and Safety Code 120291. This can attract a jail sentence that does not go below three years in a state prison.
How you can be convicted of willful exposure to infectious diseases
The prosecutor should prove that you exposed someone to an infectious disease. He or she must also prove that you knew your health status at the time of exposure and that you had the intent to infect the other person. The prosecutor has to go beyond the knowledge that you knew your health status to prove that you indeed had the intention to infect the other person.
In most scenarios, it’s difficult for the prosecutor to prove that you intentionally infected the other party because the clause is not clearly defined in the Health and Safety Codes. The fact that the prosecutor cannot prove that you specifically had the intent puts you at an upper hand to win the case.
Why you need a Lawyer
Willful exposure to infectious diseases is a crime in Los Angeles. You could end up in jail if you don’t take the necessary precautions and prepare a strong defense. Lawyers will help you to prove that you didn’t have the intent to expose someone to an infectious disease. If it is a case to do with willful exposure to HIV, the lawyer will help you prove that it was not your wish to infect your sexual partner with the virus. The lawyer will also help you prove that you restricted sexual activity to oral sex and that you told your partner of your condition before sex.
Other crucial information about willful exposure to infectious diseases in Los Angeles
•You are in violation of the Health and Safety Code regardless whether the other person is infected or not after exposure.
•It’s not a guarantee that a defense that states that you didn’t have knowledge about your health status will make the case invalid. The defense will depend on whether you suspected you had the condition or not.
•Common illnesses such as cold or flu are unlikely to be prosecuted in Los Angeles.
Therefore, contact a qualified lawyer if you are convicted of willful exposure to infectious disease in Los Angeles. The lawyer will help you with everything you need to win the case.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201