With the upcoming 35th anniversary of the discovery of HIV and AIDS, lawmakers in Florida will be assessing new legislation that makes sexually promiscuous behavior punishable as a capital offense; specifically behaviors that are committed by those who are knowingly infected with STDs and result in the infection of others. According to a report issued in Florida Politics, lawmakers will be considering the addition of a bill that would amend a law that has already been passed that makes knowingly spreading an STD a crime – Unlawful Sexual Intercourse with STD. This proposed bill would increase the degree of the crime, and those who are found guilty of multiple offenses, if found guilty, could be convicted with the death penalty. The elements that are involved with proving this crime will likely be difficult for prosecutors to prove, so it is in the best interest of anyone who is facing such a charge to seek the legal guidance of our Miami Criminal Lawyers.
What is Unlawful Intercourse with STD?
Under Florida law, it is a crime for anyone who knowingly has an STD to engage in sexual intercourse with another individual unless the infected person makes the individual aware, and the individual consents to engage in sexual intercourse. As per this law, sexual intercourse includes the traditional act, as well as oral and anal intercourse, and it applies to intercourse that takes place between people of the opposite sex, as well as those of the same sex.
Proving Knowledge of an STD Exists
In order to be charged with this crime, it has to be proven that you were fully aware that you were infected with an STD at the time intercourse occurred. Knowledge of an STD can be proven by prosecutors in two ways:
- Having received a positive diagnosis of an STD by a medical professional
- Signs of an STD were present; for example, a herpes rash was obvious. This is referred to as constructive knowledge
The Miami Criminal Lawyers at our law firm have years of experience handing all types of criminal cases, including Unlawful Sexual Intercourse with STD.
STDs Covered Under the Law
The following STDs are grounds for charging an individual with the crime of Unlawful Intercourse with STD:
- Genital Herpes Simplex
- Lyphogranuloma Venereum
There are more STDs that are included in this crime, which can be found in the statue.
The Penalties If Found Guilty
Currently, Unlawful Intercourse with STD is a first degree misdemeanor under Florida law for any STD, excluding HIV. This means that you could serve a year in prison, a year of probation and a fine of up to $1,000. The penalties increase if the STD is HIV, as this is considered a third degree felony that can result in a five year jail sentence, five years of probation and a fine of up to $5,000.
Miami Criminal Lawyers Can Help!
If you have been charged with Unlawful Sexual Intercourse with STD, the prosecutors will have to be able to prove all of the vital elements in order for you to be convicted. If there are any loopholes in the case, an experienced criminal defense lawyer in Miami can identify them and use them to your advantage.
With the assistance of a criminal attorney in Miami, you can rest assured that your rights will be well protected. We will assess your case, advise you on the options that are available to you and work to find the best outcome possible.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Lawyers.