WATERLOO, Iowa --- The attorney for a HIV-positive Waterloo man accused with having sex without notifying his partner is asking the court to dismiss his client's case.
Donald Bogardus was arrested and charged with criminal transmission of HIV in 2009.
Iowa law doesn't require a partner to acquire HIV in order for the charge to stick, and punishment for the time is up to 25 years in prison.
On Monday, Public Defender Aaron Hawbaker argued HIV is "miniscule" in comparison to other sexually transmitted diseases when it comes to the public health risks.
Hawbaker cited U.S. Centers for Disease Control statistics that show the nation sees about 50,000 new cases of HIV or AIDS each year for an annual cost of $1 billion. Other sexually transmitted diseases register about 9 million new infections a year for a cost of $17 billion.
Despite the difference, Iowa law doesn't criminalize other diseases as it does with HIV.