State v. Hinkhouse
Court of Appeals of Oregon
912 P.2d 921 (1996)
After testing positive for HIV, Timothy Hinkhouse (defendant) continued having unprotected sex with multiple women, never disclosing his status and denying it when directly asked. His probation officer repeatedly warned him about the deadly risks of unprotected sex while HIV-positive, and Hinkhouse even signed a written agreement to inform the officer before any sexual contact, but ignored it and kept having unprotected sex without disclosure. Hinkhouse was indicted on 10 counts of attempted murder and 10 of sexual assault; medical experts testified he had attention deficit disorder and a personality disorder causing him to disregard HIV-related warnings and do as he pleased. Hinkhouse was convicted on all counts and appealed.
Whether a defendant who intentionally engages in unprotected sexual intercourse while concealing his HIV-positive status may be convicted of attempted murder.