Law relating to HIV
 

Does California have a law regarding the intensional transmission of HIV. How would tranmission from a specific individual be proven? What would be the judgement or sentence if convicted?

CA Criminal Statute re Intentional HIV Transmission
 

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.

I hate this stuff because it just doesn't seem right to me. Unless we're talking rape, isn't the other person consenting to have unprotected sex just by their actions? I know this may be a weird point, but if I'm hosting an orgy and not requiring safer sex, should everyone sign a consent statement (see what happens when the government interferes in our private lives!!!)?

Consent, Adult Choices, and Information
 

The law, as written, is one thing. As enforced, it is quite another. Rare, and foolish, would be the prosecutor who would attempt to bring criminal charges against Orgy Participant 1 for having unsafe sex (itself subject to definitional proof) with "victim" Orgy Participant 2.

Consent is a defense; the issue becomes informed consent.

As a practical matter, the only California criminal prosecutions I am familiar with have concerned actual misrepresentions (as in something like a person, despite knowing their HIV-positive status, stating, "I'm HIV negative, and I'd like to have unprotected anal sex with you"), and generally in the context of a relationship. After all, somebody needs to file a police report. This is quite a different factual background from an orgy or anonymous encounter.

Thanks, for the replies, interesting