CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Sunday, August 6, 2006

Iowa Supreme Court Upholds AIDS Spreading Conviction

From A man convicted of having unprotected sex with four people while knowing he carried the virus that causes AIDS was denied appeals Friday by the Iowa Supreme Court.

The court said Adam Donald Musser, who is serving 50 years in prison for criminal transmission of HIV, deserved a long sentence because intentionally exposing someone to the virus "is just like the first-degree robber who attempts to inflict serious injury on his victim."

The high court rejected several constitutional arguments in Musser's appeal, including that the state law requiring a carrier of HIV to notify a partner violates the First Amendment protection against forcing speech against one's will. The court ruled that the state law promotes a compelling state interest and is narrow enough in scope to be constitutional. Rest of Article. . . [Mark Godsey]

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