Adam Musser v. Terry Mapes
718 F.3d 996
8th Cir.2013Background
- Musser was convicted in four trials under Iowa Code § 709C.1 for criminal transmission of HIV.
- He knew he was HIV-positive and did not disclose his status to four women during 2002–2003 unprotected sex.
- The statute criminalizes intimate contact with another while aware of positive HIV status; intimate contact includes exposure to bodily fluids and need not result in infection.
- Iowa Supreme Court affirmed all convictions and a 50-year aggregate sentence; Musser then sought § 2254 habeas relief, which the district court denied; this court affirmed denial.
- Musser challenges the statute as vague and overbroad; the district court and Iowa Supreme Court had addressed the underlying facts and applications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vagueness as applied to §709C.1 | Musser claims lack of fair notice; terms vague. | State maintains Musser had fair notice; unprotected intercourse fit within "intimate contact." | Not unconstitutionally vague as applied to Musser. |
| Overbreadth and First Amendment scope | Seeks First Amendment overbreadth relief for private intimate conduct. | Right to intimate association is not a First Amendment issue here; case falls under due process. | Overbreadth claim not cognizable as a First Amendment challenge; affirm." |
Key Cases Cited
- United States v. Williams, 553 U.S. 285 (U.S. 2008) (void-for-vagueness standard; notice requirement)
- United States v. Nat'l Dairy Prods. Corp., 372 U.S. 29 (S. Ct. 1963) (vagueness requires reasonable understanding of prohibited conduct)
- Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489 (U.S. 1982) (vagueness-applied as to individuals; Flipside applied to others")
- Broadrick v. Oklahoma, 413 U.S. 601 (U.S. 1973) (overbreadth generally limited to First Amendment challenges)
- Lawrence v. Texas, 539 U.S. 558 (U.S. 2003) (substantive due process; privacy interests in private intimate conduct)
- Roberts v. U.S. Jaycees, 468 U.S. 609 (U.S. 1984) (distinction between freedom of association and related rights)
- State v. Keene, 629 N.W.2d 360 (Iowa 2001) (reasonable notice of HIV transmission during intercourse (Iowa))
- State v. Musser, 721 N.W.2d 734 (Iowa 2006) (Iowa Supreme Court decision affirming convictions and noting notice of transmission)