Office of the City Attorney

May 4, 2015

Contact: Gerry Braun

(619) 533-4782
gbraun@sandiego.gov

CITY ATTORNEY UPDATE

San Diego City Attorney Jan Goldsmith issued the following statement following todays
sentencing of Thomas Miguel Guerra to six months in custody for violating Health and
Safety Code section 120290 by willfully exposing another person to the HIV virus.
The judge imposed the maximum sentence, which she indicated was inadequate given the
damage done to the victim and the danger to the public posed by the defendant. To our
knowledge, this is the first conviction of a willful HIV transmission case in California. We hope
this tragic case helps to educate people that they have a legal obligation as well as a moral and
ethical obligation to inform their sex partners of their HIV status.