The criminal transmission of HIV in the United States varies among jurisdictions. More than thirty of the fifty U.S. states have prosecuted HIV-positive individuals for exposing another person to HIV. State laws criminalize different behaviors and assign different penalties. While pinpointing who infected whom is scientifically impossible, a person diagnosed with HIV who is accused of infecting another while engaging in sexual intercourse is, in many jurisdictions, automatically committing a crime. A person donating HIV-infected organs, tissues, and blood can be prosecuted for transmitting the virus. Spitting or transmitting HIV-infected bodily fluids is a criminal offense in some states, particularly if the target is a prison guard. Some states treat the transmission of HIV, depending upon a variety of factors, as a felony and others as a misdemeanor.
Criminal statutes were intended to reduce HIV transmission by encouraging safe sex practices, increased HIV testing, and disclosure of HIV status. The Ryan White CARE Act passed in 1990 had a significant influence on these laws, as states were required to have criminal regulations on HIV transmission to be eligible to receive federal funds for HIV-related health programs. Unfortunately, these laws did not appear to have the intended effect. In October 2012, the HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) called for the repeal of statutes that criminalize HIV-related behavior, writing: "Policies and laws that create HIV-specific crimes or that impose penalties for persons who are HIV-infected are unjust and harmful to public health around the world." It argued that such laws contribute to stigmatization and discrimination that inhibit diagnosis and result in "harsh sentencing for behaviors that pose little to no risk of HIV transmission." It advised that "All state and federal policies, laws and regulations ... be based on scientifically accurate information regarding HIV transmission routes and risk." [1]
In 2017 the Centers for Disease Control and Prevention (CDC) stated that those who are on HIV medication and have undetectable viral loads can no longer transmit the virus while their viral load is undetectable, but the possibility for a person to not use a prescription and continue to infect others remains. [2] [3] [4] They did not specify how long after an undetectable viral load test a person can guarantee that they are still undetectable, as viral loads can rise very quickly.
In July 2010, the White House announced a major change in its HIV/AIDS policy; the "National HIV/AIDS Strategy for the United States" stated that "the continued existence and enforcement of these types of laws [that criminalize HIV infection] run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment." [5] The administration's strategy cited a 2008 paper by Scott Burris and Edwin Cameron, a South African judge: "The use of criminal law to address HIV infection is inappropriate except in rare cases in which a person acts with conscious intent to transmit HIV and does so." [6]
In September 2010, the Center for HIV Law and Policy launched the Positive Justice Project, a campaign to combat HIV-related stigma and discrimination against people with HIV by the US criminal justice system. [7] In November the Project released a 293-page manual detailing HIV-specific laws and prosecutions in the 50 states, District of Columbia, U.S. Territories, Federal government, and the U.S. military. [8]
On March 15, 2014, the U.S. Department of Justice (DOJ) along with the Centers for Disease Control published a study of HIV-specific state laws called "Prevalence and Public Health Implications of State Laws that Criminalize Potential HIV Exposure in the United States". [9]
On July 15, 2014, the DOJ released a paper called "Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors", designed to guide states in updating their statutes to "reflect contemporary understanding of HIV transmission routes and associated benefits of treatment" and to establish policies that "do not place unnecessary burdens on individuals living with HIV/AIDS". [10]
REPEAL HIV Discrimination Act was the abbreviated name of the 'Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act' (H.R. 3053), also called the REPEAL Act, proposed legislation that was introduced in the U.S. Congress on September 23, 2011, by Rep. Barbara Lee (D-CA). [11] It called for review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses. It was the first piece of federal legislation to address HIV criminalization and provided incentives for states to reconsider laws and practices that target people with HIV for consensual sexual activity and conduct that poses no risk of HIV transmission. [12] The bill had 41 cosponsors and was referred in September/October 2011 to three subcommittees, where it died. [11]
Barbara Lee re-introduced the REPEAL HIV Discrimination Act 2013 as H.R. 1843 in May 2013 with 42 cosponsors, and it again died in three subcommittees. [13] Senator Chris Coons introduced the legislation as S.1790 on December 10, 2013, and it did not make it out of the Judiciary Committee. [14]
In 2012, the Department of Homeland Security (DHS) used the conviction of Jose Luis Ramirez, an HIV-positive immigrant, of solicitation for oral sex as an argument for his deportation, calling it a "particularly serious crime". An immigration judge ordered his deportation, but the DHS withdrew its argument and the Board of Immigration Appeals (BIA) reversed the deportation order on May 31, 2013. [15]
As of 2019, at least 29 states criminalize "nondisclosure, exposure or transmission" of HIV, [16] while an additional 5 states use this to justify enhancements for sentences for other crimes. [17] As of 2008, 33 states had laws regarding the criminalization of HIV transmission. [18]
The following states may currently have laws that prosecute individuals for criminal exposure of HIV: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, [19] Idaho, Illinois, [20] Indiana, [21] [22] Iowa, [23] Kansas, Kentucky, Louisiana, Maryland, Michigan, [24] Minnesota, Mississippi, Missouri, [25] Montana, [26] Nevada, New Jersey, New York, [27] North Carolina, [28] North Dakota, Ohio, [29] Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Washington. [28] [30]
Minnesota has a statute that criminalizes the transmission of certain communicable diseases including HIV. Under that statute, Daniel James Rick, despite having informed his sexual partner of his HIV status, was charged with attempted first-degree assault with great bodily harm. His conviction in the trial court was overturned on appeal, and the Supreme Court of Minnesota on August 21, 2013, agreed that the prosecutor had misapplied the statute's provision meant to address the transmission of a communicable disease in non-sexual contexts, such as sperm or organ donations. [31] [32]
Iowa Code 709c was one of the most severe criminal transmission of HIV laws in the country until its repeal 1 May 2014. For 16 years it allowed anyone with HIV exposing another person without disclosing his or her positive status, whether infection occurred or not, to be convicted of a class B felony, i.e. up to 25 years in prison and mandated registration as a sex offender. [33] It has been called "draconian". [34] According to the Iowa Department of Public Health, Iowa ranked second in prosecutions behind Tennessee of persons with HIV, despite having a relatively small number of persons living with HIV/AIDS. [35] Efforts to modernize had been underway since at least 2009, led by Community HIV/Hepatitis Advocates of Iowa Network (CHAIN) and 12 other Iowa medical professional, public health, civil rights and stakeholder organizations. Senate File 2297 redefined crimes for transmission of HIV, as well as hepatitis, tuberculosis and meningococcal disease and introduced a tiered-system of sentencing: Intentional transmission remains a class B felony, but if there is intent and no transmission it is a class D felony. Exposing an individual due to reckless disregard without intent to transmit is also a class D felony. It also includes defense in court, if following a treatment regimen and physician’s advice, and no longer requires sex offender registration. On 27 February 2014, SF2297 passed the Iowa Senate by a 48-0 margin [36] attracting national media attention. [37] The House Judiciary passed an amended version on March 13, 2014 reintroducing "too much of the existing law". [34] Senate File 2297 remained on the House’s list of unfinished business and was passed after going virtually unmentioned just in time before the legislature's adjournment in the early hours of 1 May 2014. Its passage repealed 709C and codified its replacement 709D. [36] [38]
There are also a variety of state laws regarding perinatal HIV testing of the mother and/or newborn during and following birth. [39]
Prosecutions have included:
The Center for HIV Law and Policy has documented 168 cases of prosecution between January 2008 and June 2013. [55]
HIV-positive people, seropositive people or people who live with HIV are people infected with the human immunodeficiency virus (HIV), a retrovirus which if untreated may progress to acquired immunodeficiency syndrome (AIDS).
Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud.
Johnson Aziga is a Ugandan-born Canadian man formerly residing in Hamilton, Ontario, Canada, notable as the first person to be charged and convicted of first-degree murder in Canada for spreading HIV, after two women whom he had infected without their knowledge died.
R v Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime under Canadian law.
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.
The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country.
The human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. It can be managed with treatment. Without treatment it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS).
Taiwan's epidemic of HIV/AIDS began with the first case reported in December 1984. On 17 December 1990 the government promulgated the AIDS Prevention and Control Act. On 11 July 2007, the AIDS Prevention and Control Act was renamed the HIV Infection Control and Patient Rights Protection Act.
Carl Desmond Leone is a Canadian businessman from Windsor, Ontario. Leone was jailed after pleading guilty in a Windsor court to 15 counts of aggravated sexual assault for not informing his sexual partners of his positive HIV status. It is believed he has been charged with exposing more women to the AIDS-causing virus than anyone in Canadian history. Two of his victims have attempted suicide.
The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).
Edgard Monge is a native of Nicaragua who is serving a ten-year sentence in Kingston Penitentiary, Ontario, Canada, for four counts of aggravated assault after he knowingly had unprotected sex while HIV infected and failed to inform his four sexual partners. Two of his partners also became infected with HIV. One of the two had a child from the union with Monge and the child also contracted HIV.
Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.
UNAIDS has said that HIV/AIDS in Indonesia is one of Asia's fastest growing epidemics. In 2010, it is expected that 5 million Indonesians will have HIV/AIDS. In 2007, Indonesia was ranked 99th in the world by prevalence rate, but because of low understanding of the symptoms of the disease and high social stigma attached to it, only 5-10% of HIV/AIDS sufferers actually get diagnosed and treated. According to the a census conducted in 2019, it is counted that 640,443 people in the country are living with HIV. The adult prevalence for HIV/ AIDS in the country is 0.4%. Indonesia is the country in Southeast Asia to have the most number of recorded people living with HIV while Thailand has the highest adult prevalence.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Jersey have the same legal rights as non-LGBT people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Discrimination against people with HIV/AIDS or serophobia is the prejudice, fear, rejection, and stigmatization of people with HIV/AIDS. Marginalized, at-risk groups such as members of the LGBTQ+ community, intravenous drug users, and sex workers are most vulnerable to facing HIV/AIDS discrimination. The consequences of societal stigma against PLHIV are quite severe, as HIV/AIDS discrimination actively hinders access to HIV/AIDS screening and care around the world. Moreover, these negative stigmas become used against members of the LGBTQ+ community in the form of stereotypes held by physicians.
HIV prevention refers to practices that aim to prevent the spread of the human immunodeficiency virus (HIV). HIV prevention practices may be undertaken by individuals to protect their own health and the health of those in their community, or may be instituted by governments and community-based organizations as public health policies.
The Center for HIV Law and Policy (CHLP) is a national legal and policy resource and strategy center in the United States working to reduce the impact of HIV on vulnerable and marginalized communities and to secure the human rights of people affected by HIV. CHLP's founder and executive director is Catherine Hanssens.
Many women have been infected with the HIV/AIDS virus. The majority of HIV/AIDS cases in women are directly influenced by high-risk sexual activities, injectional drug use, the spread of medical misinformation, and the lack of adequate reproductive health resources in the United States. Women of color, LGBT women, homeless women, women in the sex trade, and women intravenous drug users are at a high-risk for contracting the HIV/AIDS virus. In an article published by the Annual Review of Sociology, Celeste Watkins Hayes, an American sociologist, scholar, and professor wrote, "Women are more likely to be forced into survival-focused behaviors such as transactional sex for money, housing, protection, employment, and other basic needs; power-imbalanced relationships with older men; and other partnerings in which they cannot dictate the terms of condom use, monogamy, or HIV." The largest motivator to become part of the sex trade was addiction, the second largest being basic needs, and the third was to support their children/family.
The Swiss Statement, or the Swiss Consensus Statement, was an announcement published in January 2008 by the Swiss Federal Commission for AIDS/HIV outlining the conditions under which an HIV-positive individual could be considered functionally noncontagious—namely, adherence to antiretroviral therapy, a sufficiently low viral load, and a lack of any other sexually transmitted diseases. While lacking the backing of complete, fully randomized clinical studies, the Commission felt the contemporary evidence for non-contagiousness for people on antiretroviral treatment was nonetheless strong enough to warrant official publication.