Intentional STD Transmission: Understanding SB 239
California law has drastically changed over time, especially when it comes to HIV-related offenses. SB 239 was put into effect to make the intentional transmission of infectious diseases a misdemeanor punishable by imprisonment in a county jail for no more than 6 months. Understanding these changes and your rights is crucial to keeping yourself and others safe.
What SB 239 Changed
Before SB 239, certain HIV-related conduct could be charged more harshly than exposure involving other infectious diseases. SB 239 is meant to modernize California’s approach and reduce the intense stigma around HIV.
Is Intentional STD Transmission Still a Felony in California?
Under Health & Safety Code § 120290, the intentional transmission of HIV-related conduct is a misdemeanor. The difference between a misdemeanor and a felony is as follows.
- Misdemeanor - These are non-violent crimes like shoplifting, reckless driving, or drug possession for first-time offenders. Jail time is usually less than one year.
- Felony - Felonies are the most serious type of crime that can be committed. Examples of felonies include domestic violence, sexual assault, and murder.
SB 239 focused on changing the scheme of HIV-specific crimes and reinforced an intent-based system.
What Prosecutors Generally Must Prove under Health & Safety Code § 120290
Under the updated law, an individual can be held accountable for the intentional transmission of an infectious or communicable disease only if specific requirements are met. The following must be proven to hold an individual liable.
- The person acted with a specific plan to transmit the disease
- The person engaged in behaviors that posed a substantial risk of transmission
- The disease was transmitted to the other person
What About “Attempted” Transmission?
California law also addresses attempted intentional transmission. Under § 120290, an attempt can be punished as a misdemeanor with a shorter maximum county-jail exposure than a completed transmission.
Why the Facts are Important to Understand
Even after SB 239, cases can involve allegations beyond disease transmission, including but not limited to the following.
- Coercion
- Threats
- Physical injury
In some situations, prosecutors may decide whether other criminal statutes apply based on the following:
- Specific evidence
- Alleged intent
- Harm claimed
It is important to seek legal guidance when dealing with these cases, as they are all different from each other. A legal professional can help individuals understand their rights and discuss their options moving forward.
Civil Cases: Separate from Criminal Charges
Civil cases are very different from criminal charges. Civil cases are private disputes between individuals or businesses about pursuing a claim for damages. Criminal charges, on the other hand, are brought by the government. Potential civil theories people will often discuss regarding this subject include the following.
- Battery (intentional, harmful, or offensive contact)
- Fraud or misrepresentation (in certain circumstances)
- Negligence (though intent-based scenarios may be treated differently)
- Intentional infliction of emotional distress (in some cases)
Whether a civil claim is realistic depends on the following.
- Medical evidence
- Causation issues
- Credibility disputes
- Timelines
- Documentation
Evidence That May Matter in These Types of Cases
Evidence can become the central focus of these issues. This is because the law focuses heavily on knowledge, intent, substantial risk, and transmission. Depending on the case, examples of this may include the following.
- Medical records and testing timelines
- Communications between the parties (texts, emails, dating app messages)
- Witness statements (if relevant)
- Public health involvement (in limited scenarios)
- Expert input regarding transmission risk and causation
Documentation can become crucial when both parties begin to disagree about timing, disclosure, prevention steps, and alternate sources of transmission. Documenting may help understand the facts of the case and help decrease the spread of misinformation.
A Note on Public Health and Stigma
SB 239 helped individuals understand the importance of public health and steer them away from harmful stigmas. This law allows for a more informed approach when discussing diseases while reflecting changes in science and medical treatment.
When it May Help to Speak with a Lawyer
Seeking the proper legal guidance may help victims accused of the intentional transmission of diseases to understand their rights and discuss their options moving forward. A legal professional may evaluate your case and preserve the necessary evidence, allowing victims to focus on recovering from the damages.
If you believe you were harmed, or you are being accused of intentional transmission, it may help to speak with a qualified California attorney who can review the following:
- What statutes may apply to the specific facts
- What evidence is likely to matter (and how to preserve it)
- Possible defenses or procedural issues
- Potential civil options and practical considerations
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges victims may face when dealing with accusations regarding HIV diseases. Our experienced legal professionals can evaluate your case and help you understand your legal options moving forward. If you or a loved one has suffered damages from HIV-related offenses, you are not alone. Contact KAASS LAW today to discuss your options.