Tuesday a judge sentenced 23-year-old Joshua Weaver to house arrest for 6 months.
Weaver was initially placed on probation in August after violating a state public health code prohibiting him from spreading the disease to others. H was required to wear a condom when having sex to avoid jail.
He recently violated the terms of his parole.
"We became aware that he violated his probation by violating those public health laws again by failing to use a condom," Assistant Wake County D.A. Boz Zellinger explained.
Zellinger said Weaver contracted a sexually transmitted disease that wouldn't normally be contracted if a condom was used.
The new terms of his probation include being placed on electronic house arrest.
An attorney for Weaver said the 23-year-old is sorry to be back in court.
"My client is very sorry that he is back in court, but he is pleased that he will be released today and we are confident he won't be back in Attorney Yvonne Hopkins said.
The DA's office said it feels house arrest is the best way to control and change Weaver's behavior.
Weaver will also get a mental evaluation Wednesday. if he violated his probation again, he can face up to two years quarantine and isolation at a prison hospital.