A gay rights group will appeal to the Iowa Supreme Court the conviction of an Iowa man charged with violating the state’s HIV transmission law.

In 2008, Nick Rhoades was convicted of “Criminal Transmission of HIV” in Iowa, even though his viral load was undetectable, he used a condom, and his accuser did not contract HIV.

Mr Rhoades was sentenced to 25 years in prison. After a year of incarceration, a judge reconsidered his sentence and released him with time served and 5 years’ probation.

The former hotel administrator remains registered as a sex offender.

On Tuesday, Lambda Legal, a Chicago-based gay rights group, announced it would be appealing the conviction of Mr Rhodes.

Lambda Legal is asking Iowa’s highest court to review the case. It claims appeals court judges misinterpreted state law because a person using a condom as Mr Rhoades did does not have the intent required to support a conviction.