Jessie Allen Tuff, an HIV-positive man from Duluth, Minnesota, is accused of not telling his girlfriend about his status before having sex with her, The Associated Press reports. Tuff faces a misdemeanor charge of knowingly transmitting a communicable disease.

Tuff’s girlfriend, who has tested negative for HIV, told the authorities she had consensual sex with Tuff from October through November 2008. She also said she learned Tuff was HIV positive by reading an e-mail he received from his ex-wife.

Tuff will be brought before St. Louis County District Court on September 8. He’s presently serving a nine-month term at the Northeast Regional Corrections Center for violating probation in a previous case.