Yes. They have done so in Texas. In Weeks vs State, Weeks was an HIV positive prisoner who deliberately spit on a guard. He was convicted of attempted murder even though the guard did not become HIV positive. The intent was there.
There was also a case in Texas where an adult male who was HIV positive, knowingly had unprotected sex with underage boys. He was convicted of deliberate transmission, but I don’t recall the precise charge.
This site gives a list of court cases world wide, and summarizes US state laws as follows:
“United States
As of 2008, 36 states in America criminalized the transmission or exposure of HIV, with many having laws specifically mentioning HIV. Some states punish those convicted of offences such as prostitution or rape more severely if the person knows they have HIV. Spitting or emitting HIV-infected bodily fluids at another person while in prison is also an offence in some states. A sample of the laws are below:28
Alabama – Engaging in activities likely to transmit an STD is a class C misdemeanour.
California – Engaging in uninformed, unprotected sexual activity (exception for consent) with the intent to infect the other person is a felony punishable by up to 8 years in prison.
Colorado – Committing or soliciting prostitution with knowledge of being HIV positive are class 5 and 6 felonies.
Florida – Unlawful for person with HIV, with knowledge both of their infection and risk of sexual transmission, to have sex without disclosure and consent having taken place.
Michigan – It is a felony to engage in sexual penetration, however slight and regardless of whether semen has been emitted, without informing the other of his/her HIV status.
Missouri – It is a class B felony to expose person to HIV if defendant knowingly acted in a reckless manner without knowledge and consent through oral, anal or vaginal sex. If complainant becomes infected, the charge is a class A felony. The use of a condom is not a defense.
New York – The applicable part of the law is reckless endangerment in the first degree for engaging in ‘conduct which creates a grave risk of death to another person’.
Pennsylvania – The state Superior Court ruled in a 2006 case involving oral sex that HIV-positive people who do not disclose their status to their sexual partners can be charged with reckless endangerment. It follows that any kind of unprotected sex without disclosure could be prosecuted.
Texas – HIV transmission cases have been brought to court under aggravated assault laws whereby a person “intentionally, knowingly, or recklessly… uses or exhibits a deadly weapon as part of an assault”. ”