Additional legal elements include being HIV infected, knowledge one has the disease and engaging in sexual acts.
This was the first prosecution of its kind in the Ocmulgee Judicial Circuit District since this particular charge was added to the state law section in 1988.
District Attorney Fred Bright said in March the law puts a duty on HIV infected individuals aware of their disease.
“You have to disclose it prior to having sex. The purpose of that is to give the victim a chance to make an informed decision. If he disclosed and they still willingly had sex, it’s not a crime,” Bright said.
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