An interesting case has arisen here in the Yellow City. A prostitute, who knows she has AIDS, is continuing to be active in her "profession," despite attempts by the health department to convince her to curtail her work schedule. In response, the department contacted the City Attorney, who filed a communicable disease commitment proceeding against her in district court. With that background in mind, we turn to the question the media is asking us:

What, if any, offense (other than prostitution itself) occurs if a prostitute, knowing she has AIDS, continues to engage in prostitution?

On top of whatever else it might be, this looks like a violation of Health & Safety Code 81.083 [Application of Control Measures to Individual], which, according to H & S 81.087 is a Class B misdemeanor.

The criminal prosecutors out there might give you other options from the Penal Code that might work, but us civil folks look in these 'other books' first for this off-beat stuff.

I recall reading about a similar case where the charge was attempted murder and or agg. assault. I do not recall the final result.

The Air Force indicted and convicted on a charge of Aggravated Assault for an individual who was HIV positive. Had been warned not to engage in unprotected sexual conduct and did anyway. The case was tried at Lackland AFB in San Antonio around 1998-2000 timeframe.

I know the rules are different for Courts Martial, but it is at least secondary authority.

I would not hesitate to indict her for aggravated assault/SBI or Deadly Weapon. The mental state is recklessness. The SBI is the disease if she actually infects someone. The deadly weapon is the HIV virus.

We just discussed this very topic in our office yesterday. Look at Najera v. State 955 sw2d 698 which is also cited in Adame v. State 69 sw3d 381