An Army spokesman says it has not been decided whether military or civilian prosecutors will pursue charges against a Fort Bragg soldier accused of having unprotected sex with a civilian, although the soldier knew he was infected with HIV.

Cumberland County Sheriff's deputies arrested Pfc. Johnny Lamar Dalton, 25, last week after a five-month investigation. Dalton, who serves in the 22nd Aviation Support Battalion of the 82nd Airborne Division, was being held Tuesday in the Cumberland County jail in lieu of $50,000 bail.

Sheriff's spokeswoman Debbi Tanna said the civilian's mother reported the offense to the police after her 18-year-old son, who has tested positive for HIV, appeared to become ill. Tanna said the teen had tested negative for HIV before his encounter with Dalton. The soldier is accused of failing to tell the man of his HIV-positive status before they had consensual sex.

Military and civilian prosecutors both have charged Dalton with a crime against nature -- a felony in North Carolina -- assault, and assault with a deadly weapon, both misdemeanor violations. HIV, the disease that causes AIDS, is being charged as the deadly weapon in this case, Tanna said.

Maj. Tom Earnhardt, an 82nd Airborne spokesman, said prosecutors had not decided Tuesday whether the Army or Cumberland authorities would prosecute.

Earnhardt said soldiers in the 82nd Airborne take an annual HIV test. He told The Associated Press that Dalton was ordered by his commander in November not to have unprotected sex after a test showed Dalton was HIV-positive. State law also prohibits a person infected with HIV from having sex unless condoms are used and requires that sexual partners be notified.

"All the command knew was that he had been diagnosed with HIV," said Earnhardt, who added that being HIV-positive is one of several medical conditions, including pregnancy, heart disease and cancer, that would prevent a soldier from deploying. "What a service member does when they're off duty, we have to depend on their honor and integrity."

North Carolina does not have a specific criminal charge for the knowing transmission of HIV. The state does have public health laws mandating certain control measures for people who know they have HIV. Violation of those control measures carry a misdemeanor penalty.

"Every newly diagnosed case of HIV is interviewed by disease intervention specialists to ensure they know their legal obligations," said Peter Leone, the medical director of HIV/STD Prevention & Care Branch of the N.C. Department of Health and Human Services. "The state law is that any newly diagnosed person has to follow control measures, meaning they have to inform their partners that they are HIV infected."

States that have specific HIV transmission laws split among whether the charge is a felony or misdemeanor. States that do not have a specific statute often prosecute the offense through more traditional charges, from assault to attempted murder. In 2005, an HIV-positive man in Greensboro was charged with attempted murder after biting a police officer.

Assault with a deadly weapon is a Class misdemeanor and can carry a maximum penalty of 60 days in jail. Crime against nature is the only felony charge Dalton is facing, which for a first-time offender could mean a maximum of eight months in prison.

Carolyn McAllaster, a Duke law professor and director of the AIDS Legal Assistance Clinic, said she had never seen an HIV transmission case with the crime against nature charge.

The military's "don't ask, don't tell" rule allows gays to serve if they keep their sexual orientation private and do not engage in homosexual acts. The law prohibits commanders from asking about a person's sex life and requires discharge of those who openly acknowledge they are gay.

Earnhardt told the AP that Army prosecutors aren't focusing on that aspect of the case.

"Our real focus is here we are with two families who are having to cope with the tragedy of this disease," Earnhardt said.