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STATE v. MAHAN

Nos. 80128, 80268.

971 S.W.2d 307 (1998)

STATE of Missouri, Respondent, v. Charles Ervon MAHAN, Jr., Appellant. STATE of Missouri, Respondent, v. Sean L. SYKES, Appellant.

Supreme Court of Missouri, En Banc.

June 16, 1998.

Attorney(s) appearing for the Case

Rebecca L. Kurz, Asst. Public Defender, for Appellant in cause No. 80128.

Ellen H. Flottman, Craig A. Johnston, Asst. Public Defenders, Columbia, for Appellant in cause No. 80268.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Joiner, Asst. Atty. Gen., Jefferson City, for Respondent in cause Nos. 80128 & 80268.

PRICE, Judge.

Section 191.677, RSMo 1994, creates the class D felony of creating a grave and unjustifiable risk of infecting another with HIV. Specifically, section 191.677.1.(2), RSMo 19941 provides:

It shall be unlawful for any individual knowingly infected with HIV to ... deliberately create a grave and unjustifiable risk of infecting another with HIV through sexual or other contact when an individual knows that he is creating...

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