I have a potential case. HIV infected guy (he knows) has unprotected, consensual sexual relations with 3 different women thereby exposing them to the virus. Potential vic's don't know (yet) about his infection but let's say we have confirmation of his status as HIV positive. Unknown if the potential vic's are infected. Suspect is bragging to co-workers that he now has full blown AIDS, but not confirmed yet. Anyway, if any of the 3 women ultimately test positive, or in the alternative, if they don't test positive, am I in the ballpark for Agg Assault/DW? Anyone had a case with this subject matter?

Michael,

Check out these two cases and see if they help you out:

Najera v. State, 955 S.W.2d 698, 1997 Tex. App. LEXIS 5872 (Tex. App. Austin 1997), specifically on point for you I think, and

Weeks v. State, 834 S.W.2d 559, 1992 Tex. App. LEXIS 1805 (Tex. App. Eastland 1992); (HIV positive spit directed at guard sufficient for attempted murder):

Thanks, I will take a look at them.

Collin County had a case like this several years ago. Affirmed on appeal. Padieu v. State, 2010 WL 5395656 (Tex. App.--Dallas Dec. 30, 2010).

I tried that exact same scenario in 2013. I am happy to send you copies of my indictment and jury charge. Feel free to contact me if you have any questions. laura_nodolf@co.midland.tx.us

quote:

Originally posted by AndreaW:
Collin County had a case like this several years ago. Affirmed on appeal. Padieu v. State, 2010 WL 5395656 (Tex. App.--Dallas Dec. 30, 2010).

Here's a Texas Prosecutor article about the Phillipe Padieu case:

"I Love You To Death"

E-mailed you the opinion in Mathonican v. State, 194 S.W.3d 59 (Tex. App.---Texarkana 2005, no pet.). Majority & dissent are both insightful.

E-mail me if I can do anything else to help.