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DEPARTMENT OF HEALTH
For Immediate Release: April 25, 2002
Contact: Doneen Hollingsworth, 605-773-3361
HIV cases reported in Huron; Health Department offers counseling and testing
PIERRE – The Department of Health has confirmed three cases of HIV infection in Huron. All three cases have occurred in the young adult population. HIV is the virus that causes AIDS.
Disease prevention staff are actively working to identify all contacts of the confirmed cases so they can also be tested. As a result of follow-up, a potential violation was identified of SDCL 22-18-31, intentional exposure to HIV infection which is a felony. The department is cooperating with law enforcement.
In addition, the department is warning individuals of the following risk factors for HIV and is encouraging anyone with these risk factors to seek HIV counseling and testing:
- Intravenous drug use;
- Having sex with someone who has HIV;
- Having multiple sex partners;
- Having a sexually transmitted disease;
- Men who have sex with men;
- Women who have sex with intravenous drug users or men who have sex with men.
Individuals who have any of these risk factors should contact their physician or the Department of Health for counseling and testing. Counseling and testing is available at the department's Beadle County Community Health Office, 495 Third SW, 353-7135. Additional disease prevention staff from around the state have been brought in to the Huron office to help with the investigation and with free counseling and testing. Individuals can also call the department's HIV/AIDS Program in Pierre at 1-800-592-1861.
"This is a serious situation but it's important to remember that the community at large is not at risk," said Secretary of Health Doneen Hollingsworth. "The people who are at risk are those who are having unprotected sex with multiple partners or are using intravenous drugs."
South Dakota has reported a total of nine HIV infections to date in 2002. There were a total of 22 HIV infections reported in 2001. South Dakota has consistently had the second lowest AIDS rates in the nation. For more information about HIV/AIDS see the department web site at http://www.state.sd.us/doh/Pubs/aids.htm.
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Note: Following is a copy of a general chronology of events from the Department of Health, the news release issued by the Beadle County State's Attorney, and a copy of South Dakota's intentional HIV exposure laws.
Department of Health Backgrounder: Chronology of Events of Huron HIV Incidence
1) In March a blood donation was made by a Huron resident. Blood donations are always screened for HIV. This donation tested tested positive.
2) As required by state law, the positive HIV was reported to the state Department of Health.
3) The DOH contacted the blood donor and began counseling and interviewing the donor about past sexual and needle-sharing contacts.
4) The DOH then contacted each one of those contacts to begin counseling and HIV testing.
5) Two of those sexual partners also tested positive for HIV. The investigation has been unable to confirm how each of the three contracted HIV. It is not clear who passed it along to whom.
6) The DOH then notified the contacts of the two additional positives to provide HIV counseling and testing.
7) On Tuesday, April 23, DOH became aware that the man was continuing to have sexual contact. This sexual activity was with another person who was not among the list of individuals who had previously been identified as sexual partners. This individual has been referred for counseling and testing and results are pending.
8) DOH contacted the Attorney's General office, which sent state DCI agents to investigate and subsequently arrest the man.
9) The man has been in the Beadle County jail since Tuesday, awaiting prosecution on five counts of intentional exposure to HIV infection (SDCL 22-18-31).
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OFFICE OF BEADLE COUNTY STATE’S ATTORNEY
110 Third Street SW, Suite 108
PO Box 116
Huron, SD 57350-0116
Phone: 605-353-8430
FAX: 605-353-8434
Email: beadlesa@midco.net
FOR IMMEDIATE RELEASE: April 25, 2002
CONTACT: Michael R. Moore
Beadle County State's Attorney
(605) 353-8430
Person arrested in Huron for intentionally exposing another person to HIV infection
HURON - The Beadle County State's Attorney confirms that NIKKO JANEAUX BRITERAMOS (18) of Huron, has been arrested and charged with five (5) counts of SDCL 22-18-31, intentional exposure to HIV infection. All counts relate to only one (1) victim. On each count the Defendant could face fifteen (15) years in prison or a $15,000.00 fine or both. The Defendant is currently being held in the Beadle County Jail on a $10,000 cash bond.
In order to have a successful prosecution of SDCL 22-18-31, intentional exposure to HIV infection, the State must prove the following:
1) The Defendant knew he had the infection
2) Intentionally exposed another to the infection; and
3) The other person did not know the Defendant had the infection.
The South Dakota Department of Health is working to identify all contacts of NIKKO BRITERAMOS. If you feel you are at risk or a possible contact, please contact your physician, the Beadle County State's Attorney Office (353-8430), the Department of Health (1-800-592-1861) or the Beadle County Community Health Office (353-7135).
"The exposure to HIV is a serious and dangerous situation. It can be prevented by not engaging in high-risk activities, such as unprotected sex and intravenous drug use." said Michael R. Moore, Beadle County State's Attorney.
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Note to broadcasters: Nikko Briteramos is pronounced Nee-ko Brit-er-ah-mus
HIV Intentional Exposure Law
From South Dakota State Statutes
§ 22-18-31. Intentional exposure to HIV infection a felony.
Any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by:
(1) Engaging in sexual intercourse or other intimate physical contact with another person;
(2) Transferring, donating, or providing blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV transmission;
(3) Dispensing, delivering, exchanging, selling, or in any other way transferring to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or
(4) Throwing, smearing, or otherwise causing blood or semen, to come in contact with another person for the purpose of exposing that person to HIV infection; is guilty of criminal exposure to HIV. Criminal exposure to HIV is a Class 3 felony.
§ 22-18-32. Definition of terms.
Terms used in § § 22-18-31 to 22-18-34, inclusive, mean:
(1) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;
(2) "Intimate physical contact," bodily contact which exposes a person to the body fluid of the inflected person in any manner that presents a significant risk of HIV transmission; and
(3) "Intravenous or intramuscular drug paraphernalia," any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.
§ 22-18-33. Informed consent of person exposed to HIV an affirmative defense.
It is an affirmative defense to prosecution under § 22-18-31, if proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
§ 22-18-34. Actual transmission of HIV not required for criminal exposure.
Nothing in § § 22-18-31 to 22-18-34, inclusive, may be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure to HIV.