This month sees Charlie Sheen being investigated for making criminal threats toward his ex-girlfriend Scottie Ross, and possibly for not disclosing his HIV-positive status prior to engaging in sexual intercourse with her. Ross filed a report in Van Nuys last week alleging that Sheen made criminal threats toward her and was granted an emergency restraining order against the actor. Currently, the LAPD is searching through records and documents possessed by a celebrity gossip news outlet that may contain evidence of criminal threats made by Sheen toward Ross, and may also provide evidence he failed to disclose his HIV-positive status to her during their relationship. According to Ross, she and Sheen engaged in unprotected sex when they were dating.

Criminal threats are covered under California Penal Code 422 PC and are defined as threatening to kill or harm someone in such a way that they are put into a state of fear. In order to be convicted of violating PC 422, the threat must:

  • Put a victim in an immediate state of fear for their lives and safety, or that of their family
  • The threat must be immediate and unequivocal
  • The threat must be communicated verbally, in writing or electronically

PC 422 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony (in Sheen’s case, it’s being investigated as a felony). Misdemeanor convictions include the possible sentences of: up t 1-year in jail and a fine of up to $1,000. Felony charges carry the possible penalty of: up to 3-years in California state prison and a fine of up to $10,000.

When an individual does not inform a partner about their HIV status, it’s possible to be charged with violating California Health and Safety Code 120291 HS – willful exposure to HIV or AIDS. Violating HS 120291 is a felony that carries the possible sentence of 3, 5, or 8-years in California state prison.

Robin Sandoval

Robin Sandoval

Robin Sandoval is a California Licensed Bail Bondsman and owner of SCV Bail Bonds. Robin writes blogs and articles to help increase community awareness of the bail industry. If you have questions or want to suggest a topic, email robin@scvbailbonds.com, visit www.scvbailbonds.com or call 661-299-2245.
Robin Sandoval
Robin Sandoval
Robin Sandoval

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