State v. Batista

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The Supreme Court affirmed the judgment of the court of appeals that affirmed Defendant’s felonious assault conviction for knowingly engaging in sexual conduct with his girlfriend without disclosing to her that he had tested positive as a carrier of the human immunodeficiency virus (HIV), in violation of Ohio Rev. Code 2903.11(B)(1). On appeal, Defendant argued that section 2903.11(B)(1) (1) is a content-based regulation that compels speech in violation of the First Amendment, and (2) violates the Equal Protection Clause of the state and federal Constitutions because there is no rational basis for a distinction between HIV positive individuals and individuals with other infectious diseases such as Hepatitis C or between the methods of transmitting HIV. The Supreme Court disagreed, holding (1) the statute regulates conduct, not speech, and therefore does not violate the First Amendment; and (2) the statute does not violate constitutional equal protection guarantees because it is rationally related to the state’s legitimate interest in preventing the transmission of HIV to sexual partners who may not be aware of the risk. View "State v. Batista" on Justia Law