Nikko Briteramos, 19, of Chicago has been convicted of intentionally exposing another to the HIV virus. Briteramos, a 6-foot-7 center on the Si Tanka-Huron University basketball team, plead guilty to one count, a plea agreement down from the original charge of three counts.
Circuit Judge Tim Dallas Tucker said he had no historic basis for passing sentence because this is the first prosecuted case under the 2000 South Dakota law. Under the law, Briteramos faced up to 15 years in prison and a $15,000 fine.
A somber Briteramos apologized to the court and the community of Huron, South Dakota, at his sentencing. The woman who Briteramos potentially exposed to the HIV virus still tests negative. Briteramos told the Huron Plainsman that he apologized to the woman and she forgives him. Briteramos found out he was HIV positive last year but continued to have unprotected sex without notifying his partners.
Tucker said the relations between Briteramos and the unnamed woman appeared to have been loving rather than malicious. Tucker said had the relationship been otherwise, the sentence would have been longer. But he sentenced Briteramos to a 5-year suspended prison term, 120 days in Beadle County ( SD ) Jail, 200 hours of community service, 5 years probation, and repayment to Beadle County for the costs associated with testing nearly 400 people for HIV. Both the prosecution and the defense said the sentence was reasonable.
Two gay men were also charged under the same law in Aberdeen, SD. Beadle County State's Attorney Mike Moore said their trials have been continued.
Ed Yohnka, Director of Communications for the American Civil Liberties Union of Illinois, said laws like these can often times become overly intrusive. But Moore, who was partially responsible for creating the new South Dakota law, says the law is about protecting the innocent. "The reason [ for the law ] is to protect the unknowing victims ... to allow them to make an informed choice [ before engaging in sexual intimacy with an HIV positive person ] ," he said.
The state of Illinois has several statutes related to potential HIV transmission. In addition to a law similar to that of South Dakota, Illinois also classifies as a class D felony, placing "blood or another bodily fluid on a law enforcement or corrections officer." Yohnka says such a law could land an HIV-positive person in jail for spitting on a police officer. It is also illegal in the state of Illinois for anyone who is HIV positive to donate blood or semen for artificial insemination. This offense becomes a class A felony if the donation results in the actual transmission of HIV.
Listen to Life OUTside on WCKG 105.9 Sun., Sept. 15 at 10 p.m. and Q101 at midnight for "Civil Law Suits & Criminal Prosecutions" or visit www.aclu.org/issues/aids.
