State v. Richardson
209 P.3d 696 (2009)
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Rule of Law:
To obtain a conviction under a statute prohibiting engaging in sexual intercourse "with the intent to expose" another to a life-threatening communicable disease, the prosecution must prove beyond a reasonable doubt that the defendant acted with the specific intent to expose their partner to the disease; the act of intercourse itself is insufficient to establish this requisite mental state.
Facts:
- For more than a decade, Robert W. Richardson knew he was infected with the human immunodeficiency virus (HIV).
- Richardson was under medical treatment to lower the viral load of HIV in his blood.
- A test in February 2005 revealed Richardson had a medium viral load.
- Following the February test, Richardson was prescribed a new medication.
- In October 2005, Richardson engaged in sexual intercourse with two women, M.K. and E.Z.
- A test in November 2005, after the sexual encounters, showed Richardson's viral load was at an undetectable level, below the minimum that could be measured.
Procedural Posture:
- The State of Kansas charged Robert W. Richardson with two counts of exposing another to a life-threatening communicable disease in the Lyon County District Court, a court of first instance.
- Over Richardson's objection, the district court consolidated the two cases for trial.
- Richardson filed a motion to dismiss, arguing the statute was unconstitutionally vague; the district court denied the motion.
- Richardson waived his right to a jury and proceeded with a bench trial.
- The district court found Richardson guilty on both counts and sentenced him.
- Richardson, as appellant, appealed his convictions to the Kansas Court of Appeals.
- Before the Court of Appeals could hear the case, the Kansas Supreme Court transferred the appeal to its own docket on its own motion.
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Issue:
Does K.S.A. 21-3435(a)(1), which criminalizes sexual intercourse by an infected person 'with the intent to expose' another to a life-threatening communicable disease, create a specific intent crime that requires proof beyond the mere act of intercourse?
Opinions:
Majority - Johnson, J.
Yes. The statute K.S.A. 21-3435(a)(1) creates a specific intent crime. The statute’s plain language, specifically the phrase 'with the intent to expose,' requires the prosecution to prove a further particular intent beyond the general intent to engage in sexual intercourse. This interpretation aligns with Kansas precedent where statutes using the phrase 'with intent to' have consistently been held to require specific intent. The State's argument that intent is inherent in the act itself would effectively criminalize all sexual activity by an HIV-positive person, which contradicts the legislature's chosen language and raises constitutional concerns. Because the State failed to present any circumstantial evidence at trial—such as non-disclosure, misrepresentation of health status, or lack of condom use—to prove Richardson's specific intent to expose his partners, the evidence was insufficient to support the convictions.
Analysis:
This decision solidifies the distinction between general and specific intent for crimes involving the transmission of communicable diseases in Kansas. It places a significant evidentiary burden on the prosecution to prove a defendant's subjective state of mind, rather than allowing intent to be inferred solely from the criminal act itself. The ruling prevents the statute from becoming a strict liability offense for individuals with diseases like HIV, thereby protecting them from criminal prosecution for engaging in consensual sexual activity, particularly where precautions may have been taken. This reinforces the principle that courts will narrowly construe criminal statutes based on their plain language, especially when fundamental rights are implicated.
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