Nathaniel Johnson Jr U.S. Airforce HIV Positive Convicted Sex Offender Sodomy On Minor Boy

Home > Sexual Crimes Against Children > Nathaniel Johnson Jr

Name: Nathaniel Johnson Jr

Case: United States v. Johnson No. 90-61

Date Of Conviction: December 13, 1987

Plea: Not Guilty

Charges: Aggrevated Assault, Sodomy On Minor

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

Johnson provided a blood sample in July 1987 that subsequently tested positive for the Human Immunodeficiency Virus (HIV). Petitioner was informed of the test results on August 31, 1987, and he was sent to the Wilford Hall Medical Center at Lackland Air Force Base in Texas for further testing, evaluation, and counseling. He remained a patient at the medical center from September 4 until about October 4, 1987.

During that period, petitioner received extensive information about his medical condition and methods of preventing the transfer of HIV. This included lectures by medical personnel, therapy sessions, HIV support groups, and related literature. Tr. 52-58; PXs 5-9. Petitioner was given written guidance at least twice on "safe sex" or "low risk" sexual practices, which included using condoms during intercourse and informing prospective sexual partners of his HIV infection.

Johnson later admitted to agents of the Air Force Office of Special Investigations that on December 13, 1987, after he had been released from the medical center and returned to McChord Air Force Base, he performed oral sodomy on J, a 17-year-old male civilian. He also admitted applying lubricant to J's anus and attempting to insert his penis.

Petitioner said that he served J three beers and four or five mixed drinks, and he admitted that J was too intoxicated to have rebuffed his sexual advances. Petitioner admitted that he never informed J that he was infected with HIV. The trial judge, sitting in a bench trial, found that petitioner was not wearing a condom when he attempted to engage in anal intercourse with J. At trial, petitioner acknowledged that he knew he was likely to spread the HIV infection if he engaged in anal intercourse without using a condom.

In light of petitioner's trial testimony, there is no basis for his claim that he was unaware that transmitting HIV was a "means * * * likely to produce death or grievous bodily harm." Petitioner admitted that he received extensive education on his disease, and that he knew of his responsibility to advise and protect his sexual partners. Despite that knowledge, petitioner did not advise J that he was HIV positive, nor did petitioner wear a condom when his penis came in contact with J's buttocks.

Petitioner also admitted knowing that engaging in anal intercourse without using a condom was likely to spread HIV. Accordingly, the facts show that petitioner was well aware that he was likely to transmit HIV to J by engaging in unprotected anal intercourse.

Following a general court-martial at McChord Air Force Base in Washington, petitioner, a member of the United States Air Force, was convicted of attempted anal sodomy, in violation of Article 80 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 880 (Charge 1); oral sodomy, in violation of Article 125, UCMJ, 10 U.S.C. 925 (Charge 2); and aggravated assault, in violation of Article 128, UCMJ, 10 U.S.C. 928 (Charge 3).

Petitioner was sentenced to confinement for ten years, a dishonorable discharge, forfeiture of all pay and allowances, and a reduction in rank. 30 M.J. 53