Man jailed in no-condom case

An HIV-positive man has been jailed after he was accused of violating probation by having sex without using a condom.

Joshua Weaver, 23, was put on probation in August for violating a little-used provision of the state public health code.

Weaver, a disc jockey, had been ordered to refrain from sex without a condom and steer clear of nightclubs unless he was hired to spin. Prosecutors said then that they hoped probation would be a wake-up call to Weaver.

This month, Wake County health department staff members contacted Weaver's probation officer to say they believed he had engaged in unprotected sex, said Keith Acree, spokesman for the state Department of Correction. Acree said a Wake County public health official had proof and was willing to testify about the violation.

If a judge agrees, Weaver could be sentenced to 40 days in jail.

He is in the Wake County jail awaiting an Oct. 21 hearing on the probation violation.

Weaver's attorney did not return a call for comment.