GMFA HIV and the law When is someone found guilty of reckless HIV transmission? In England and Wales there are several ways you could be found guilty of reckless HIV transmission: You had sex with someone who didn’t know you had HIV, you knew you had HIV at that time, you had sex without using a condom, you transmitted HIV to someone and you understand how HIV is transmitted. In Scotland, you can be prosecuted for putting someone at risk without their prior knowledge or consent, even if you didn't pass on HIV. What happens if someone is found guilty? There is a maximum prison sentence of five years for each person someone is found guilty of infecting in England and Wales. Non-UK residents can be recommended for deportation upon completion of their sentence. What is intentional transmission? If it's proven that someone maliciously and intentionally tried to give the other person HIV, they can be prosecuted. The maximum sentence for intentional transmission is life imprisonment. What if you are wrongly accused? If that happens, then you need to seek legal advice. If you are unsure what to do, then contact THT Direct and get specialist advice.