Smallwood v. State

Court of Appeals of Maryland
680 A.2d 512, 343 Md. 97 (1996)

ELI5:

Rule of Law:

An intent to kill, required for attempted murder or assault with intent to murder, cannot be inferred solely from the defendant's act of engaging in unprotected sexual intercourse with another person, even when the defendant knows they are HIV-positive. To support such an inference, the state must present additional evidence of specific intent or prove that death is a highly probable, not merely possible, consequence of the defendant's actions.

Facts:

In August 1991, Dwight Ralph Smallwood was diagnosed as being infected with the Human Immunodeficiency Virus (HIV) and was informed of his status.
In February 1992, a social worker advised Smallwood on the necessity of practicing 'safe sex' to avoid transmitting the virus.
In July 1993, Smallwood informed healthcare providers that he always used condoms with his sexual partner.
On September 26, 1993, Smallwood robbed and raped a woman at gunpoint without using a condom.
On September 28, 1993, Smallwood robbed and raped a second woman at gunpoint without using a condom.
On September 30, 1993, Smallwood robbed a third woman at gunpoint and raped her without using a condom.
During each of these incidents, Smallwood threatened to kill his victims if they did not cooperate or if they reported the crimes to the police.

Procedural Posture:

Dwight Ralph Smallwood was charged in the Circuit Court for Prince George’s County (a trial court) with multiple offenses, including attempted murder and assault with intent to murder, arising from three separate incidents.
In the Circuit Court, Smallwood pled guilty to attempted first-degree rape and robbery with a deadly weapon.
Following a bench trial, the Circuit Court judge convicted Smallwood of assault with intent to murder and three counts of attempted second-degree murder.
Smallwood, as appellant, appealed his convictions to the Court of Special Appeals of Maryland (the intermediate appellate court).
The Court of Special Appeals affirmed the trial court's judgments, finding the evidence was sufficient for the trial court to infer Smallwood's intent to kill.
Smallwood, as petitioner, successfully petitioned the Court of Appeals of Maryland (the state's highest court) for a writ of certiorari to review whether the evidence was sufficient to support his convictions for attempted murder and assault with intent to murder.

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Issue:

Does a defendant's act of engaging in unprotected sexual intercourse with others, while knowing he is infected with HIV, constitute sufficient circumstantial evidence to support an inference of a specific intent to kill, as required for convictions of attempted murder and assault with intent to murder?

Opinions:

Majority - Murphy, C.J.

No. A defendant's act of knowingly exposing others to HIV through unprotected sex is, by itself, insufficient circumstantial evidence to infer a specific intent to kill. The required intent for attempted murder and assault with intent to murder is a specific intent to kill. While this intent can be inferred from circumstantial evidence under the 'natural and probable consequences' doctrine, such as using a deadly weapon aimed at a vital body part, the consequence must be probable, not just possible. The State failed to present evidence that death is a sufficiently probable result of a single exposure to HIV to equate it with firing a gun at someone. Smallwood's actions are wholly explained by his intent to commit rape, and there was no additional evidence, such as explicit statements about wanting to transmit AIDS, to demonstrate a separate, specific intent to kill.

Analysis:

This decision establishes a significant precedent by setting a high evidentiary standard for proving intent to kill in cases involving the transmission of a deadly disease. It distinguishes the act of knowingly exposing someone to HIV from the use of a conventional deadly weapon, clarifying that the statistical probability of the outcome is crucial for inferring intent. The ruling reinforces the distinction between extreme recklessness, which may support a charge like reckless endangerment, and the specific intent required for attempted murder. Consequently, prosecutors in future cases must provide either statistical evidence showing a high probability of death from the exposure or direct evidence of the defendant's subjective intent to kill, such as explicit threats or statements.

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