Intercourse With Specific Intent or Reckless Disregard to Infect With HIV

It is a crime to engage in sexual activity with another without informing that person that you have HIV (Human Immunodeficiency Virus).

INTERCOURSE WITH SPECIFIC INTENT OR RECKLESS DISREGARD TO INFECT WITH HIV

THE ELEMENTS REQUIRED TO BE PROVEN BY THE STATE:

  • A person who knows he or she has the human immunodeficiency virus (HIV) is prohibited from engaging in anal or vaginal intercourse with another person without first informing that other person of the infection.
  • A person who knows that he or she has [HIV] who engages in anal or vaginal intercourse with another person without having first informed the other person that he or she has HIV with the specific intent that the uninfected person contract HIV is guilty of a felony.
  • A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and transmits HIV to an uninfected person causing that person to become HIV positive, acts with reckless disregard and is guilty of a felony.
  • A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and who acts with reckless disregard but does not transmit HIV, is guilty of a misdemeanor.

The crime of Intercourse with Specific Intent or reckless disregard to infect with HIV has NO requirement to register as a sex offender under SORA (Sex Offender Registry Act).

COMMON QUESTIONS

INTERCOURSE WITH SPECIFIC INTENT OR RECKLESS DISREGARD TO INFECT WITH HIV

WHEN IT COMES TO MY PERSONAL PRIVATE SEXUAL ACTS, DON’T I HAVE A RIGHT TO PRIVACY?

In Michigan, a person who has HIV is not unconstitutionally deprived of his/her right of privacy because they are required to disclose if they have HIV.

Michigan can implement this law because Michigan has a compelling interest in discouraging the spread of HIV.

PENALTY

INTERCOURSE WITH SPECIFIC INTENT OR RECKLESS DISREGARD TO INFECT WITH HIV

The penalty for engaging in sexual activity with another without informing that person that you have HIV is punishable by up to 4 years imprisonment.

Engaging in sexual activity with another without informing that person that you have HIV can be found under: MCL 333.5210.

Visit Us

We are located on the Northeast corner of Big Beaver & Livernois in the Venture Plaza Office Building.

Troy, MI Office
3150 Livernois Rd
# 126

Troy, MI 48083

Phone: 248-515-6583

Client Reviews

I was very scared and unsure how to go about the whole court thing, but Nicole was easy to talk to and explained every step...

Todd

The information Nicole knew, that no other attorney seemed to know, was incredible. Nicole’s experience from her years as the...

Josh

With Nicole, I found the outstanding legal representation that I had been trying to find for years. She not only built a...

Daniel V.

Get in Touch

Fill out the contact form or call us at 248-515-6583 to schedule your free consultation.

  • Free Consultation
  • Available 24/7
  • Fighting for You

Leave Us a Message