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Is it a Crime to Spread HIV on Purpose in Michigan?

Passing on HIV to other people on purpose is against the law in Michigan!


HIV stands for human immunodeficiency virus, which is the virus that, if not treated, can lead to acquired immunodeficiency syndrome, or AIDS. Unlike with other viruses, you can never get rid of it completely, so once you contract HIV, you have it for life. That’s one important reason why it’s considered such a big deal. Because HIV is spread through bodily fluids, it is most commonly contracted via sex.


What does HIV do to you?


HIV attacks the body’s immune system, specifically the CD4 cells, which help the immune system fight off infections. Left untreated, HIV reduces the number of CD4 cells in the body, which makes the person more susceptible to other infections, or infection-related cancers. Over time, HIV can destroy so many of these cells, and such a weakened immune system, that the body can’t fight off infections and disease. This can lead to full blown AIDS, which is the last stage of HIV infection.


What does Michigan law say about HIV?


That’s why many states in the U.S. have laws governing whether or not someone is legally responsible for telling a potential sexual partner is they have HIV or AIDS. In 1989 Michigan passed a law making it a felony for HIV-positive people to engage in sexual penetration without disclosing their HIV-positive status to their partner. However, that law is now being questioned, and in some cases called “archaic” and “inappropriate.”


Is Michigan’s HIV disclosure law going to change?


House Representative Jon Hoadley has sponsored a bill that would alter Michigan’s HIV disclosure laws. House Bill 6020 would reduce the severity of the punishments for people accused of concealing their HIV status from sexual partners. Currently under Michigan law, having sex with someone when you know you’re HIV positive, but not telling your sexual partner so that they contract the disease without knowing, is a felony. This bill hopes to change that crime to a misdemeanor.


Why would anyone want to change the law?


According to Representative Hoadley, treating people like criminals for passing on a virus to their sexual partners isn’t fair to those people. The reasons, he says, is because the situation is rarely as clear cut as this. Too many have been blackmailed by previous partners who claimed they’ll report HIV positive former partners to police if they don’t pay up. And because Michigan doesn’t require proof that anyone actually be harmed, this can mean innocent people being prosecuted when no one was put at risk, and no one was harmed.


Has someone falsely accused you of intentionally spreading an STD?


If you’ve been accused of intentionally spreading an STD or HIV virus by not disclosing your HIV status to a partner, you could be looking at years of prison time and a criminal record under current law. Don’t let a misunderstanding, or worse – a blackmailer – ruin your future. Call The Kronzek Firm today at 866 766 5245 (866 7No Jail) and talk to one of our skilled criminal defense attorneys. You have enough on your hands already. Let us help you defend your future.


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