Calvin Stark was convicted in the Superior Court, Clallam County, Washington, of two counts of second-degree assault for intentionally exposing his sexual partners to the human immunodeficiency virus (HIV), and he appealed. The Washington Court of Appeals affirmed, and remanded the case for resentencing. PETRICH, CJ. 

On March 25, 1988, Calvin Stark tested positive for HIV, which was confirmed by further tests on June 25 and on June 30, 1988. From June 30, 1988, to October 3, 1989, the staff of the Clallam County Health Department had five meetings with Stark during which Stark went through extensive counseling about his infection. He was taught about “safe sex,” the risk of spreading the infection, and the necessity of informing his partners before engaging in sexual activity with them. On October 3, 1989, Dr. Locke, the Clallam County Health Officer, after learning that Stark had disregarded this advice and was engaging in unprotected sexual activity, issued a cease and desist order as authorized by a Washington State statute. Stark did not cease and desist, and, consequently, on March 1, 1990, Dr. Locke went to the county prosecutor’s office. . . . The prosecutor . . . had Dr. Locke complete a police report. The state then charged Stark with three counts of assault in the second degree under RCW 9A.36.021(1)(e), which provides: 

QUESTIONS 

1. Identify all of the facts relevant to determining Stark’s mental attitude regarding each of the elements in the assault statute. 

2. Using the common-law definition of “specific intent” and the Model Penal Code definitions of “purposely,” “knowingly,” “recklessly,” and “negligently,” and relying on the relevant facts, identify Stark’s intention with respect to his acts. 

3. Is motive important in this case? Should it be?