Sexual liaison with teen boy brings jail term for lawyer
Met in chat room: The attorney was HIV-positive, and knew it, when he met with the youth at his home
By Stephen Hunt
The Salt Lake Tribune
A Utah attorney who knew he was HIV-positive when he had sex with a 14-year-old boy two years ago was sentenced Wednesday to probation and 90 days in jail.
Third District Judge Timothy Hanson said he was not imposing jail time because Howard P. Johnson is gay or HIV-positive, but because he committed a crime.
"There has to be some punitive sanction, and 90 days is about right," said Hanson.
Johnson, 51, who met the boy in an Internet chat room, is not a pedophile or a predator, according to defense attorney John Caine. "But he has had some lapses in judgment."
The judge agreed, saying that when the boy appeared on Johnson's doorstep in Salt Lake City, the defendant should have sent him away.
"You are an attorney. I expect more from an attorney," the judge said.
Johnson was charged with two counts of first-degree felony forcible sodomy and one second-degree felony count of enticing a minor over the Internet.
He pleaded guilty to reduced counts of third-degree felony unlawful sexual activity with a minor and class A misdemeanor enticing a minor over the Internet.
When the teen arrived at Johnson's home on Oct. 15, 2003, Johnson answered the door naked and the two engaged in oral and anal sex.
The boy wore a condom, but later grew concerned about HIV because of some vials he saw in Johnson's bedroom. The teen was tested for HIV and the results were negative. Health officials reported the case to police.
Johnson told authorities he believed the boy was an adult. But prosecutor Paul Amann said the victim "appears young" to the extent that no one would have any doubt about his youth.
Caine called the victim "a sophisticated 14-year-old who had his own Website and was seeking activity."
Caine suggested home confinement instead of jail time.
But Amann - who requested a one-year sentence for Johnson - noted that Johnson claims he is "always naked at home," and that he answers the door in the nude when receiving postal and pizza deliveries.
"He's a person with no boundaries," said Amann.
The prosecutor also claimed that when, as part of a pre-sentence evaluation, Johnson's sexual proclivities were tested with a device that measures blood flow to the penis, Johnson tried to defeat the test "by flexing and relaxing his pelvis muscles."
Amann also said Johnson has blamed the victim for what happened.
Johnson made no comment in court, but had written a letter to the judge in which he took responsibility and apologized to the victim, Caine said. "He realized he'd crossed the line. But he did feel that the victim bore some responsibility."
Now that Johnson has been sentenced, he faces possible disbarment.
"My assumption is that if someone is convicted of a crime of moral turpitude, which this is, you'll be disbarred," Amann said after the hearing.