People v. Giraud

Illinois Supreme Court PLAs
Criminal Court
Reasonable Doubt
Citation
PLA issue Date: 
January 25, 2012
Docket Number: 
No. 113116
District: 
2nd Dist.
This case presents question as to whether defendant, who was HIV infected, committed crime of aggravated criminal sexual assault where defendant asserted that govt. failed to prove aggravating factor of threatening or endangering victim's life during commission of offense, and where alleged aggravating factor was fact that defendant had unprotected sex with victim that exposed her to his bodily fluids? Appellate Court, in reducing defendant's conviction to criminal sexual assault, found that HIV exposure by itself during criminal sexual assault is not enough to raise crime of criminal sexual assault to aggravated criminal sexual assault under section 12-14(a)(3).