Criminal negligence is any conduct that grossly deviates from reasonable, normal standards of an ordinary person. The conduct includes actions considered a disregard to human life or for the safety of an individual. It is also defined as the failure to understand risks associated with reckless behavior. Many states have determined that a person who is HIV-positive is criminally negligent if they fail to inform their partners of their sexual health.

Can I Get in Trouble for Not Informing My Sexual Partner of My HIV Status?

Yes. In many jurisdictions, not sharing information about a person’s HIV status is a crime. Many states require a person to disclose their positive HIV status to every sexual partner they have physical relations with, or the HIV-positive person will face criminal charges.

Is Failure to Inform a Crime in Georgia?

Failure to disclose one’s HIV-positive status is a crime in Georgia, but only in certain situations. For instance, anyone in Georgia who knowingly participates in sexual intercourse or a sexual act involving one person’s sex organs and another person’s mouth or anus of another and does not their HIV status to their sexual partner is guilty of this crime.

Are There Any Other Situations Where I Need to Disclose My Status?

Yes, there are 4 other situations in which a person is legally required to inform others. They are as follows:

  • Sharing a hypodermic needle and/or syringe with another person
  • Donating blood, blood products, bodily fluids, any body organ, or any body part
  •  Offering or consenting to perform an act of sexual intercourse with another person for money
  • Soliciting another person to perform an act of sodomy for money

What Is the Punishment for Not Disclosing My HIV Status in Georgia?

In Georgia, not disclosing one’s HIV status is a felony crime. A person faces up to 10 years in prison for failing to disclose their medical status.

Do I Need an Attorney to Fight My Charge?

Having legal representaion is crucial to fighting a felony charge. Contact a Georgia attorney immediately to help you determine what you need to do to defend yourself against this charge.