HIV – 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.