State v. Richardson

Robert Richardson (defendant) knew he had been HIV-positive for over a decade and had sexual intercourse with two individuals, M.K. and E.Z., neither of whom knew of his status; he told one of them he had no sexually transmitted diseases and did not use a condom. The State of Kansas (plaintiff) charged Richardson with two counts of exposing another to a life-threatening communicable disease. He waived a jury and was tried by the judge; he admitted knowing he had HIV and having sex with both individuals but argued he did not intend to expose them, offering medical testimony on HIV transmission. The trial judge found him guilty on both counts without the State introducing the specific-intent evidence it had submitted at the preliminary hearing, and Richardson appealed.