Man Who Purposefully Infected His Boyfriend With HIV Gets Six Months In Prison

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A 30-year-old San Diego man accused of lying about his HIV-positive status to knowingly expose up to 24 sexual partners to the HIV virus was sentenced to six months in prison for violating California health code.

Thomas Miguel Guerra plead “no contest” to the charges in March after his boyfriend at the time, who now tests positive, filed suit against him for “willful HIV transmission.”

During trial, it was learned that Guerra’s ex discovered he was HIV-positive in a series of “hundreds if not thousands” of text messages from his phone. In them, “he’s stating he’s negative to people then bragging to others about giving people his ’positive load.'”

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Guerra’s trial marked the first time in San Diego County history that someone had been found guilty of purposefully transmitting HIV to unknowing partners. During sentencing Monday, Guerra told Judge Kathleen Lewis that he had no remorse for his actions.

Six months was the maximum possible time Guerra could serve in prison. Prosecutors had previously hoped for an eight-year prison sentence, but were unsuccessful in upping his charge to a felony offense.

San Diego City Attorney Jan Goldsmith said in a statement, the sentence “was inadequate given the damage done to the victim and the danger to the public posed by the defendant.”

“We hope this tragic case helps to educate people that they have a legal obligation — as well as a moral and ethical obligation — to inform their sex partners of their HIV status,” she added said.

Matthew Tharrett is a writer, filmmaker, and above all else, a Britney fan. He once shared a milkshake with Selena Gomez.
@mattharrett