An HIV-positive 30-year-old resident of Minnesota has been convicted by a jury of attempted first degree assault for allegedly failing to use a condom during sex. United Press International reports that while the jury believed the man had disclosed his HIV-positive status to his partner, it was obligated to find him guilty of the attempted assault charge. The man’s attorney has said he will challenge the guilty verdict.
“„“Because he didn’t use any protection, it didn’t matter if he told or not,” [defense attorney Landon] Ascheman said. “Reading the statute exactly as it is, they were told they essentially had to convict him.”
“„Subdivision 1.Great bodily harm. Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.