Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.5210 (2026)

Intercourse with specific intent or reckless disregard to infect with HIV; felony; violations as misdemeanor.

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PUBLIC HEALTH CODE


Act 368 of 1978


333.5210 Intercourse with specific intent or reckless disregard to infect with HIV; felony; violations as misdemeanor.

Sec. 5210.

    (1) A person who knows that he or she has the human immunodeficiency virus (HIV) who engages in anal or vaginal intercourse with another person without having first informed the other person that he or she has HIV with the specific intent that the uninfected person contract HIV is guilty of a felony.

    (2) A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and transmits HIV to an uninfected person causing that person to become HIV positive, acts with reckless disregard and is guilty of a felony.

    (3) A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and who acts with reckless disregard but does not transmit HIV, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

    (4) A person who knows that he or she has HIV who is adherent with the treatment plan of an attending physician and has been medically suppressed per accepted medical standards is not acting with reckless disregard.

History: Add. 1988, Act 490, Eff. Mar. 30, 1989 ;-- Am. 2018, Act 537, Eff. Mar. 28, 2019

PopularName Notes:

Act 368
Notes of Decisions
Cited in 9 cases, 1993–2017 · leading case: People v. Jensen, 586 N.W.2d 748 (Mich. Ct. App. 1998).
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People v. Jensen, 586 N.W.2d 748 (Mich. Ct. App. 1998). · cites it 17× “Following a jury trial, defendant was convicted of three counts of knowing that she tested seropositive for mv and engaging in sexual penetration without informing her partner that she was mv infected, MCL 333.5210; MSA 14.15(5210). Thereafter, the trial court sentenced…”
Holder v. Palmer, 588 F.3d 328 (6th Cir. 2009). · cites it 2× “Petitioner was convicted in a jury trial of sexual penetration with an uninformed partner by a person infected with acquired immunodeficiency syndrome (AIDS), in violation of Mich. Comp. Laws § 333.5210 , and sentenced to 120-180 months imprisonment.”
Doe Ex Rel. Smith v. Johnson, 817 F. Supp. 1382 (W.D. Mich. 1993). · cites it 4× “Mich.Comp.Laws Ann. § 333.5210 (West 1992).”
State v. Musser, 721 N.W.2d 734 (Iowa 2006). “The State asserts the victim “could learn of the HIV status from any source.” Even though section 709C.”
People v. Jensen, 564 N.W.2d 192 (Mich. Ct. App. 1997). · cites it 4× “Following a jury trial, defendant was convicted of three counts of having the knowledge that she was mv positive and engaging in sexual penetration without informing her partner of her mv status, MCL 333.5210; MSA 14.15(5210). Thereafter, defendant was sentenced to concurrent…”
People of Michigan v. Ashmay Rodriguez, No. 330892 (Mich. Ct. App. Apr. 13, 2017). · cites it 2× “Defendant appeals as of right his jury trial conviction of one count of sexual penetration without informing his partner that he was HIV1 positive, MCL 333.5210(1), arising out of a sexual encounter between defendant and his 16-year-old neighbor.”
People of Michigan v. Ashmay Rodriguez, No. 330892 (Mich. Ct. App. Apr. 13, 2017). · cites it 2× “Defendant appeals as of right his jury trial conviction of one count of sexual penetration without informing his partner that he was HIV1 positive, MCL 333.5210(1), arising out of a sexual encounter between defendant and his 16-year-old neighbor.”
Holder v. Palmer, No. 07-1440 (6th Cir. Dec. 9, 2009). “Petitioner was convicted in a jury trial of sexual penetration with an uninformed partner by a person infected with acquired immunodeficiency syndrome (AIDS), in violation of Mich. Comp. Laws § 333.5210 , and sentenced to 120-180 months imprisonment.”
State Of Iowa Vs. Adam Donald Musser, No. 33 / 04-0809 (Iowa Aug. 4, 2006). “The State asserts the victim “could learn of the HIV status from any source.”
Mich. Comp. Laws § 333.5210(1): 3 cases
Doe Ex Rel. Smith v. Johnson, 817 F. Supp. 1382 (W.D. Mich. 1993). “Mich.Comp.Laws Ann. § 333.5210 (West 1992).”
People of Michigan v. Ashmay Rodriguez, No. 330892 (Mich. Ct. App. Apr. 13, 2017). “Defendant appeals as of right his jury trial conviction of one count of sexual penetration without informing his partner that he was HIV1 positive, MCL 333.5210(1), arising out of a sexual encounter between defendant and his 16-year-old neighbor.”
People of Michigan v. Ashmay Rodriguez, No. 330892 (Mich. Ct. App. Apr. 13, 2017). “Defendant appeals as of right his jury trial conviction of one count of sexual penetration without informing his partner that he was HIV1 positive, MCL 333.5210(1), arising out of a sexual encounter between defendant and his 16-year-old neighbor.”
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