DES MOINES, Iowa (AP) — The Iowa Supreme Court is considering whether to uphold the conviction of an Iowa man with HIV who was imprisoned for not telling a partner he carried the virus when they had sex in 2008.
The court heard arguments Monday in the case of Nick Rhoades.
The Iowa Court of Appeals in October concluded he violated Iowa's HIV transmission law, which makes it a felony for someone carrying the virus to engage in sex without telling a partner about being HIV-positive.
Rhoades' attorney Christopher Clark argues Rhoades used a condom and has a low HIV level, which means transmission was nearly impossible.
Assistant Attorney General Kevin Cmelik argues the conviction should be upheld because Rhoades knew he had the virus and had sex in a way that transmission was possible.