State v. Richardson
Kansas Supreme Court
209 P.3d 696 (2009)
Robert Richardson (defendant) knew that he was infected with HIV for more than a decade. Richardson engaged in sexual intercourse with two individuals, M.K. and E.Z. The State of Kansas (plaintiff) charged Richardson with two counts of exposing another to a life-threatening communicable disease. At the preliminary hearing, the prosecution submitted evidence that the two individuals did not know Richardson had HIV, that Richardson told one of them that he did not have any sexually transmitted diseases, and that Richardson did not use a condom. Richardson waived his right to a jury trial, and the trial judge conducted a bench trial. Richardson admitted that he knew that he had HIV and that he had sex with the two individuals. However, Richardson argued that he did not intend to expose them to HIV and presented testimony from medical doctors regarding HIV transmission. The prosecution did not introduce the proof submitted at the preliminary hearing. The trial judge found Richardson guilty on both counts. Richardson appealed.
Rule of Law
Holding and Reasoning (Johnson, J.)
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