Clarifying 609.2241

Clarifying 609.2241

I would like to take a moment to clarify some recent events.  Recently one of our clients has found himself in the news.  It is our general policy to try and keep our clients out of the news.  The media is not the proper place to wage war regarding criminal charges.

However, a few things have changed our minds regarding this case.  One problem is that many reporters have decided that our client's life is news.  They have also sought information regarding the case.  The information many of them were given was incorrect. As representatives of our client, and as officers of the court, we feel that is our responsibility to take action and ensure that the true and accurate facts are reported.  Therefor, with the consent of our client...

Our client was convict under an interpretation of Minn. Stat. 609.2241 (2)(2). Under this interpretation an individual that has been told by a medical professional that they have an STD and have been counseled on methods of transmission and how to prevent transmission can be convicted for attempting to transfer blood, organs, sperm, or tissue except as deemed necessary for medical research or as disclosed on donor forms.

The simple fact is that our client was found to have told the other person of his HIV+ status, and that the person choose to engage in unprotected sexual relations despite this knowledge.  But under the interpretation given to the jury of Minn. Stat. 609.2241 (2)(2), consent is not a defense. 

We obviously disagree with the overbreadth and direct constitutionality of such an interpretation.  We could cite many examples of how such a statute could be a problem, but we will leave that to you, our congressmen, and the Court of Appeals.

However, our client was also charged under Minn. Stat. 609.2241 (2)(1) - and was found Innocent.  That means that the Jury believed that our client fully informed the other person of his status.

- That is all the information we intend to provide at this point.  We are only providing this information to clarify misconceptions and erroneous facts that have already been publicized.

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