Photo: AP Photo/Hennepin County Sheriff via Minneapolis Star Tribune
The Minnesota Supreme Court has rejected a prosecutor’s effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man.
The high court affirmed a Court of Appeals decision that reversed the attempted assault conviction of Daniel James Rick of Minneapolis. Justices agreed the statute under which he was convicted was ambiguous.
Gay rights groups said the state’s interpretation of the statute violated the rights of HIV-positive adults to engage in consensual sex even if they have told their partners about the disease.
But Hennepin County Attorney Mike Freeman argued the statute was not ambiguous and was meant to prohibit conduct by people who know they’re infected but practice unprotected sex anyway.
The Supreme Court says it’s up to the Legislature to clarify the statute.
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