Unlawful Sexual Intercourse with STD in Florida

If accused of Unlawful Sexual Intercourse with STD in Florida, you need to know the:

Definition of Unlawful Sexual Intercourse with STD

Under Florida Statute 384.24, the crime of Unlawful Sexual Intercourse with STD is committed when a person, who is knowingly infected with a specified sexually transmissible disease and has been informed they could transmit the disease to another person, engages in sexual intercourse with another person without obtaining informed consent to engage in sexual intercourse notwithstanding the presence of the sexually transmitted disease.

Informed Consent

Prior to having sexual intercourse with another person, an infected person must inform the other person of the presence of the sexually transmissible disease and obtain consent from the other person before engaging in sexual intercourse.

Knowledge of Infection

Knowledge of an infection can be shown through either actual knowledge or construction knowledge. [1]

Actual Knowledge

A person will have actual knowledge if he or she has been formally diagnosed with a sexually transmissible disease by a medical professional.

Constructive Knowledge

A person will have constructive knowledge if he or she has experienced the obvious symptoms of the specified sexually transmissible disease — such as rashes, genital warts, or discharge.

Sexual Intercourse

Sexual intercourse includes more than the traditional act of a male placing his penis inside a female's vagina, but also encompasses oral and anal sexual activity between men, woman, or both. [2]

Specified Sexually Transmissible Diseases

Below are the sexually transmissible diseases that require an infected person to obtain informed consent before having with sexual intercourse with another person.

  • Chancroid,
  • Gonorrhea,
  • Granuloma Inguinale,
  • Lymphogranuloma Venereum,
  • Genital Herpes Simplex,
  • Chlamydia,
  • Human Immunodeficiency Virus (HIV)
  • Nongonococcal Urethritis (NGU),
  • Pelvic Inflammatory Disease (PID), or
  • Syphilis.

Penalties for Unlawful Sexual Intercourse with STD

The crime of Unlawful Sexual Intercourse with STD is classified as a First Degree Misdemeanor unless the sexually transmissible disease is HIV, in which case the crime is classified as a Third Degree Felony. [3]

Unlawful Sexual Intercourse with STD other than HIV

The crime of Unlawful Sexual Intercourse with STD other than HIV is classified as a First Degree Misdemeanor.

If convicted of Unlawful Sexual Intercourse with STD other than HIV in Florida, a judge can also impose any combination of the following penalties:

  • Up to one (1) year in jail.
  • Up to one (1) year of probation.
  • Up to $1,000 in fines.

Unlawful Sexual Intercourse with HIV

The crime of Unlawful Sexual Intercourse with HIV is classified as a Third Degree Felony and is assigned a Level 3 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Unlawful Sexual Intercourse with HIV, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Defenses to Unlawful Sexual Intercourse with STD

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Unlawful Sexual Intercourse with STD include:

Ignorance of Infection

Absent actual or constructive knowledge of an infection, simply being a promiscuous person would not constitute knowledge of an STD infection.

Meaning, that although a person may have a moral obligation to be forthcoming about their past sexual history, they are under no legal obligation to either discover whether they have a STD (unless they have exhibited signs of an STD) or tell a potential sexual partner about their past sexual history before engaging in sexual intercourse.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Unlawful Sexual Intercourse with STD in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Kohl v. Kohl, 149 So. 3d 127 (Fla. 4th DCA 2014)
  2. State v. Debaun, 129 So. 3d 1089 (Fla. 3d DCA 2013)
  3. Florida Statute 384.34