he has been charged for that interaction. >> reporter: pottel described himself as 30 year old. investigators say he met with the 13-year-old tboi and drove to an area with the two had sex. according to court documents, pottels charged with having sex with a minor, knowingly soliciting a ply for, and knowingly trance mitting hiv to another person. >> the parents were unaware of the sexual contact e between their son and this man. >> i think you need expert medical testimony. >> reporter: attorney byron warden believes the hiv charge could be difficult for prosecutors to prove. the charge of knowingly transmitting hiv carries a $2500 fine. >> the burden will be on the state to prove that he traps ferred hiv and that he did so knowingly. >> reporter: byron also says federal hippa laws could be an issue in this case. a trial date of october 11 has been set. back to you. >> thank you, kai. wjd contacted pottels's lawyer tonight, who says there's no evidence his client has hiv. >>> parking lots of east monument street remain closed right now after a sink hole opened up in the middle