The basic facts are as follows: prostitute knows she is infected with HIV but continues to ply her trade. I am leaning towards charging Agg. Assault under 22.02(a)(2). Basically, I would allege offensive or provocative contact with the use of her genitalia and bodily fluids being the deadly weapon. What other/better charges do you see?

Can you charge Aggravated Sexual Assault?-I know this has "infected carrier case"been discussed here before.

But wouldn't attempted murder be more meaningful? Sec 19.02(b)(2)! I doubt a jury would buy it, though. Nevertheless, I suspect she believes she is doomed and is happy to take as many down with her as possible.

Before the new Penal Code in 1994, there was a very specific statute that focused on this set of facts. In the re-write, the Legislature concluded that general penal laws were better (and also had easier elements than specific intent laws), to it was repealed with the understanding that the offense could be prosecuted as aggravated assault or attempted murder. There is a case out there supporting that theory in which someone got a conviction.

For the thread on a discussion of this issue four years ago, click here.

Man accused of exposing 4 to HIV
Frisco: Police say he's known since 2005 that he has virus
09:08 PM CDT on Tuesday, July 24, 2007

From Staff Reports
A Frisco man has been accused of having unprotected sex with four women when he knew he was HIV-positive.

Philippe Padieu, 51, was arrested at an Addison nightclub Friday night and charged with four counts of aggravated assault, said Frisco police Sgt. Gerald Meadors.

"We don't know if there are other victims," Sgt. Meadors said. "They may not know that they are victims. But if they have had sexual contact with him, it's advised they seek medical attention, then contact your local law enforcement."

Frisco police would not provide the ages of the victims, how the man met the women or how he was brought to their attention.

Mr. Padieu tested positive for the human immunodeficiency virus, which causes AIDS, in fall 2005, Sgt. Meadors said. Police said they believe he "intentionally, knowingly or recklessly caused serious bodily injury by creating a substantial risk of death by the exchange of bodily fluids."

Police are pursuing first-degree aggravated assault charges, which are punishable by five to 99 years in prison and a fine up to $10,000.

Mr. Padieu remained in the Collin County Jail on Tuesday evening. Bail was set at $200,000 for the four charges, but a federal detainer agreement makes his release unlikely.