Unraveling the Legal Consequences and Defense Strategies in Infectious Disease Transmission (HS 120290)

California Health and Safety Code 120290 addresses the serious issue of willfully exposing others to infectious diseases, a matter that holds profound legal and ethical implications. At Inland Empire Criminal Defense, we aim to elucidate this law, shedding light on its intricacies and offering expert legal guidance, especially for those seeking a Rancho Cucamonga attorney.

California Health and Safety Code 120290: A Thorough Overview

Legal Framework:

• HS 120290 criminalizes the intentional transmission of an infectious or communicable disease to another person. This includes diseases such as AIDS (HIV), COVID-19 (Coronavirus), Herpes, and others, with a focus on diseases that spread from person to person, either directly or indirectly.

Criteria for Conviction:

• To be found guilty, several conditions must be met: the defendant must be aware of their infection; intend to transmit or cause transmission of the disease; engage in conduct posing a substantial risk of transmission; and actually transmit the disease.
• Examples include engaging in unprotected sexual intercourse with the intent of transmitting Herpes, or intentionally coughing on someone to spread COVID-19, leading to the victim’s infection.

Penalties and Sentencing:

• Willful transmission is generally classified as a misdemeanor, punishable by up to 180 days in jail. However, if the transmission attempt is unsuccessful, the penalty may be reduced. Gross negligent transmission can also lead to criminal liability, even without certainty of infection, if the defendant’s actions are deemed grossly negligent.
• Specifically, transmission of AIDS (HIV) may lead to a prison term of up to eight years, with additional penalties for non-consensual sex acts resulting in transmission.

Probation and Additional Consequences:

• Probation is a potential sentence, subject to the specifics of the case. Violating probation terms can lead to more severe consequences. Additionally, a conviction can impact professional licensing, immigration status, and military enrollment, among other areas.

Defensive Strategies:

• Defenses against charges of willful exposure include insufficient evidence, statute of limitations, coerced confessions, and alibi. In cases of gross negligent transmission, demonstrating that reasonable steps were taken to prevent transmission can be a viable defense.

Inland Empire Legal Insights: Your Guide in Infectious Disease Exposure Cases

Navigating the intricacies of HS 120290, which deals with the deliberate exposure of infectious diseases, demands an attorney with specific expertise and a deep understanding of these complex legal matters. If you’re facing charges or are involved in a case related to this statute, it’s essential to have a proficient and experienced attorney to guide you.

At Inland Empire Criminal Defense, we specialize in offering comprehensive legal support for cases involving willful exposure to infectious diseases. Our team, based in Rancho Cucamonga, is highly skilled and knowledgeable, ensuring that you receive the best possible legal guidance and representation.

Our commitment to excellence and our years of experience make us uniquely qualified to handle your case. We understand the gravity of these charges and the potential impact on your life. You can trust us to protect your rights, offer expert legal advice, and guide you empathetically through each step of the legal process.

For unparalleled expertise in cases related to HS 120290, do not hesitate to contact us at Inland Empire Criminal Defense. Reach out to us at 909-939-7126 for the highest caliber of legal support. Our team is prepared to assist you with professionalism and the deep legal acumen that your case requires.