A 21-year-old from Bay City, Michigan, who pleaded guilty under Michigan's HIV disclosure law to having unprotected sex during a one-night stand with a 16 year-old girl without first disclosing that he was HIV-positive has been jailed for nine months. The age of consent in Michigan is 16, so this was not statutory rape.
The Midland Daily News reports that Isaiah Diaz
had unprotected sex with a 16-year-old girl on June 13, and told her the next day that he was infected with AIDS. She talked to her parents, who in turn notified police. The teen was tested for AIDS, but the results of that test are sealed, police said. Diaz was arrested and was arraigned on June 15. The case was bound to the circuit court on July 13. He entered a guilty plea to the offense on Oct. 22. Court records show state guidelines based on the offense and Diaz' previous record called for up to nine months in jail. He was sentenced by Midland County Circuit Court Judge Michael J. Beale to serve nine months in jail with credit for 152 days, to be monitored on probation for three years, and pay a total of $1,250 fines and costs. The Midland attorney appointed to represent Diaz, Lisa Blanton, asked that he be subject to counseling and substance abuse treatment while incarcerated, records show. Beale ordered jail staff to complete a mental health evaluation.The story was also covered by Todd A Heywood of the Michigan Messenger who highlights that
Some lawmakers in the state House have started talking about possibly revisiting the law, including State Rep. Rick Jones, a Republican from Grand Ledge.
