HIV criminalization laws criminalize the transmission of, or perceived exposure to, HIV and other infectious diseases. The laws create a strong disincentive for being tested for HIV, and result in adverse public health outcomes. Some laws also criminalize behaviors, such as spitting, that have no risk of HIV transmission.
The extent to which states or individual prosecutors actively prosecute cases under these statutes varies greatly, as do the penalties if convicted. A number of criminal laws on sexually transmitted infections explicitly include HIV, whereas others, such as in New York, contain broad definitions that can encompass HIV. It is important to note that while several states have no known prosecution or HIV-specific statutes, there are also no legal frameworks in place to prevent prosecutions under general criminal codes in these states.
For more information, contact Lambda Legal. If you or someone you know is currently being charged with an HIV-related offense, please contact the Legal Help Desk at Lambda Legal by calling (866) 542-8336 or through this form.
