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Jackie Castillo, Jason porter, & Jacob diaz

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Presentation on theme: "Jackie Castillo, Jason porter, & Jacob diaz"— Presentation transcript:

1 Jackie Castillo, Jason porter, & Jacob diaz
People .v. Jensen Jackie Castillo, Jason porter, & Jacob diaz

2 What happened? Defendant was convicted of three counts(different charges that occurred at the same time) of knowing she was HIV positive and engaging in sexual penetration with out informing her partner she has HIV. 

3 Result The trial court sentenced defendant to serve a term of 2 years & 8 months to 4 years imprisonment on each of the 3 counts.

4 Jensen’s Response Defendant filed her application for leave to appeal with the Supreme Court.  She asserts that MCL ; MSA 14.15(5210),which makes it a crime to fail to inform a sexual partner that one has AIDS or is HIV positive, Is unconstitutionally overbroad because it. Includes both consensual and nonconsensual sexual acts. Fails to require an intent to cause harm.  We believe that defendant’s constitutional challenges on these grounds fail.

5 MCL ; MSA 14.15(5210) A person who knows that he or she has or has been diagnosed as having acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex, or who knows that he or she is HIV infected, and who engages in sexual penetration with another person without having first informed the other person that he or she has acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex or is HIV infected, is guilty of a felony.

6 Supreme court actions. Jensen’s leave to appeal is DENIED because the court is not persuaded that the questions presented on wether MCL ; MSA 14.15(5210) are constitutional, should be reviewed by this court.

7 What kind of crimes require intent? Which do not?

8 What is the difference between specific intent and general intent
What is the difference between specific intent and general intent? Is either concept relevant in this case? Why?

9 Why does the court find that the statute on which this case is based “does not require strict liability.”

10 Some people argue that the kind of law discussed in this case turns a personal status (being infected with the aids virus) into a crime. Do you agree or disagree? Why?

11 Do you agree with the courts ruling in this case why or why not?


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