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ButchGuy78

Laws regarding HIV infection.

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Hello, I'm just curious as I have been talking to someone who claims that it is still illegal for a HIV+ person to knowingly infect a partner IF the partner is asking for the resulting transmission. I think it is on state by state level. Some states it isn't but others can and will prosecute even though the one asked for or knew of the partners status risk. 

 

Thanks for any feedback 

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in tn. for example:

(Tenn. Code Ann. § 39-13-516.)

Defenses

Usually, people who do not know that they are infected with an STD cannot be convicted of criminal exposure.

Generally, condom use is not a defense to criminal exposure.

It is a defense to exposing another to HIV or hepatitis if the victim:

  • knew of the defendant’s infection
  • knew that the behavior could result in transmission, and
  • consented to the behavior.

(Tenn. Code Ann. § 39-13-109.)

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