Juann Martinez charged with attempt of murder.

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Attempted Murder

While laws vary from state to state, a person usually commits the crime of attempted murder by intentionally attempting to cause the death of another.

People act intentionally when they act with a particular purpose or design. Under general principles of criminal law, any substantial step towards a crime can be an attempt.

In order to convict a person of attempted murder for failing to tell a sex partner about an HIV infection, the prosecutor must show that the defendant:

knew he or she had HIV
knew that HIV could be spread through unprotected sex
engaged in unprotected sex, and
intended to infect others with HIV and ultimately cause their deaths.
Attempted murder prosecutions based on HIV exposure are rare. Usually, prosecutions are brought against people who make comments about wanting to give other people HIV or “take as many people with me as possible,” people who engage in promiscuous sex or prostitution despite being aware of the risk of HIV transmission, and people who have unprotected sex with teenagers

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