How Shall a Court Interpret a Criminal Statute That Is Silent on Mens Rea? People v. Jensen, Mich. App. 439 (1998) The Case: Following a jury trial, defendant was convicted of three counts of knowing that she was HIV positive and engaging in sexual penetration without informing her partner of her HIV status, MCL 333.5210; MSA 14.15(5210). Thereafter, the trial court sentenced defendant to concurrent terms of two years and eight months to four years' imprisonment on each of the three counts....[The case made its way to the Michigan Supreme Court, which remanded to the Michigan Court of Appeals to review constitutional claims.]