Since 1998, California has criminalized intentional HIV transmission (Health & Safety Code 120291). Violation is a felony, punishable by up to 8 years in state prison.

There have been very few prosecutions under this statute; the state's burden of proof is high: It must prove the defendant had the specific intent to infect the other person.

Interesting question re how transmission from particular particular individual is proven. First, it should be noted that this is not a required element of the crime. However, where actual infection has ocurred, the prosecution can use factual evidence as well as scientific evidence. The scientific proof (or narrowing of odds) is based on DNA analysis, and specifically phylogenetics, or evolutionary analysis.

The above pertains solely to criminal prosecution of intentional HIV transmission in California, and does not include other CA statutes which provide for HIV-related sentencing enhancements for certain crimes or to civil liability for intentional (or reckless) HIV transmission.

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