HIV-infection defendant is ordered to stay off dating websites


A 29-year-old man accused of knowingly infecting another man with HIV was ordered by a San Diego judge Tuesday to no longer use Internet dating sites, including the site where he met the alleged victim.

A criminal complaint against Thomas Miguel Guerra lists one alleged victim. But officials from the city attorney’s office said the investigation is continuing and more victims may be added.

Guerra has pleaded not guilty to the misdemeanor charge, which carries a maximum sentence of six months in jail.


Superior Court Judge Dan Link rejected a request from the city attorney’s office to increase bail for Guerra, now living in Imperial Beach.

But Link approved a request from the prosecutor to order Guerra to stay away from Internet dating sites as a condition of remaining free on bond.

The alleged victim told investigators that he believed Guerra was HIV negative until he happened to look at messages on Guerra’s cellphone and found that he had “joked around ... about being HIV-positive and other people not knowing,” according to court documents.

The alleged victim then ended their relationship and took the case to police. The text messages dated back to 2007.

Under California law, anyone “with any contagious, infectious or communicable disease who willfully exposes himself or herself to another person” is guilty of a misdemeanor.

The alleged victim is identified only by first name and last initial in court documents.


Guerra’s next court hearing is scheduled for Oct. 16.

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