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Durham man pleads guilty to public-health violation

Posted April 1, 2009

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— Authorities say Antonio Smith, 38, knowingly had unprotected sex without telling his partners that he had HIV.

Smith, of Durham, pleaded guilty to a public-health violation on Wednesday on charges brought under the North Carolina Administrative Code 10-41 A.02020 (1)(a)(e), which addresses control measures regarding HIV, and North Carolina General Statute 130A-144 (f), which requires all people to comply with measures controlling communicable diseases.

“In 2007, a gentleman reported having engaged in sex with the defendant where the defendant did not disclose the fact that he had a communicable disease nor did he use protection,” Wake County Assistant District Attorney Melanie Shekita said.

Durham man  pleads guilty to public-health violation Man with HIV charged with public-health violation

Since the act occurred in Wake County, the case was heard there.

“There may be one person that we know of, but the concern is who those persons’ partners are and…those further persons may be infected,” Shekita said.

Smith was in jail for 23 days and will have to pay court costs. If he violates public-health laws again, he could face up to two years in prison.

Prosecutors said Smith was diagnosed in the late 1990s.

In 2005, prosecutors say he knowingly had unprotected sex with multiple partners without telling them he had HIV.

“It’s not about the individual prosecution. It’s about the community protection,” Wake County Human Services Medical Director Peter J. Morris said.

Prosecutors say at least one of Smith's victims contracted the disease from him.

When it comes to sex, Morris said everyone should be cautious.

7 Comments

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  • Piny tek Apr 2, 1:01 p.m.

    Esq...he's out there walking free spreading the disease.

  • DeathRow-IFeelYourPain-NOT Apr 2, 9:30 a.m.

    The story was bad. Then it got worse when I read the following:

    “In 2007, a gentleman reported having engaged in sex with the defendant....

    Not only is he a walking gun, he's a gay walking gun. This guy, and anyone who knowingly spreads HIV, should be convicted of attempted murder. And if the victim eventually dies from AIDS, the criminal should have to serve the additional time for all out murder.

  • jsc1500 Apr 2, 9:02 a.m.

    This is basically a prolonged version of first degree murder....

  • Esq Apr 2, 8:58 a.m.

    there was some DJ in raleigh that did the same thing...does anyone know what kind of sentence he received?

  • uncalumni02 Apr 2, 8:04 a.m.

    That's beyond low!...smh...I definitely think he should have served a longer jail sentence!

  • aandmhill Apr 1, 6:16 p.m.

    I don't think this punishment is enough of a deterrent. His photo needs to be posted (in several places), so others who may come in contact with him will know what kind of person he is.

  • Nancy Apr 1, 6:00 p.m.

    This story lacks so much information as to make it impossible to determine what the consequences (judicially) are.