State v. McKenzie

Citations

• 248 N.E.3d 914
• 2024 Ohio 2841

Syllabus

Per Mayle, J., defendant \has tested positive as a carrier\ of HIV and knowingly engaged in sex with victim without first disclosing this, so conviction under R.C. 2903.11(B)(1) was not against weight or sufficiency of evidence. Statute is rationally related to State's legitimate interest in curbing transmittal of HIV and does not violate equal protection. Although defendant was incapable of transmitting HIV, matter presents broader policy issue for legislature. Statute regulates conduct, not speech