State of Iowa v. Adam Donald Musser

Summary

The Iowa Supreme Court affirmed Adam Donald Musser’s conviction for criminal transmission of HIV under Iowa Code section 709C.1(1)(a) (2001). The court held that sufficient evidence supported a finding of intimate contact, including evidence that HIV transmission could occur during intercourse without ejaculation, and rejected the ineffective-assistance claim concerning a consent instruction. The court also relied on a companion decision to resolve related constitutional, evidentiary, sentencing, and other claims.

Holdings

1. The evidence was sufficient to support the conviction because the jury could find that Musser had sexual intercourse with S.S. without a condom and that HIV could be transmitted during intercourse even without ejaculation.
2. Musser was not entitled to relief for counsel's failure to request a separate instruction on the statutory consent defense because he could not establish prejudice.
3. The court did not address Musser's claims that Iowa Code section 709C.1 violated equal protection and procedural due process because he failed to raise those claims in the district court.

Questions Presented

1. Whether the evidence was sufficient to prove that Musser engaged in intimate contact by intentionally exposing S.S. to bodily fluid in a manner that could result in HIV transmission.
2. Whether trial counsel was ineffective for failing to request a separate jury instruction on the statutory affirmative defense of consent.
3. Whether the remaining constitutional, evidentiary, and sentencing challenges required reversal.

Disposition

affirmed