Smallwood v. State

Court of Appeals of Maryland · 1996 · Criminal Law

Criminal Lawattempted murderassault with intent to murdercircumstantial evidencespecific intentspecific intent to killattempted murderassault with intent to murder

Facts

Smallwood knew he was HIV-positive before he committed three armed robberies and sexual assaults in September 1993. During those attacks, he raped or forced sexual acts on the victims without wearing a condom and threatened to kill them if they did not cooperate or if they reported him. The State relied on his knowledge of his HIV status and his unprotected sexual conduct to support convictions for attempted murder and assault with intent to murder. There was no evidence that Smallwood made statements about infecting or killing the victims through HIV exposure, or took actions specifically directed toward transmitting HIV apart from the sexual assaults themselves.

Issue

May a trier of fact infer the specific intent to kill required for attempted murder or assault with intent to murder solely from a defendant's knowing exposure of victims to HIV through unprotected sexual activity? More specifically, was the evidence here sufficient to prove that Smallwood intended to kill his victims?

Rule

Attempted murder and assault with intent to murder require proof of a specific intent to kill. Although intent may be proved by circumstantial evidence, and may under proper circumstances be inferred from the use of a deadly weapon directed at a vital part of the body, an intent to kill may not be inferred solely from exposing a victim to a risk of death unless death would be a natural and probable result of the defendant's conduct; absent that showing, additional evidence indicative of an intent to kill is required.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Baltimore, Nolan Price, who knows he is HIV-positive, sexually assaults Dana Cole during a home invasion. He does not use a condom, says nothing about HIV, and leaves after stealing her wallet. Prosecutors charge attempted murder based only on Nolan's knowledge of his HIV status and the unprotected sexual contact.

Is the evidence sufficient to prove the specific intent to kill required for attempted murder?

Explanation. Attempted murder requires a specific intent to kill. Under the majority rule, that intent may not be inferred solely from knowingly exposing another to HIV unless the State shows death is a natural and probable result of the conduct, or offers other evidence indicative of an intent to kill. Here, the evidence shows intentional exposure, but not enough to infer intent to kill.