State-by-State: HIV Laws
At least 35 states have criminal laws that punish HIV-positive people for exposing others to the virus, even if they take precautions such as using a condom. Below is a summary each state’s laws.
Supporters of these laws say they deter people from spreading the virus and set a standard for disclosure and precautions in an ongoing epidemic. But critics say they thwart public health goals because they stigmatize the disease; undermine trust in health officials, who are sometimes enlisted to assist with criminal prosecutions; and fail to take into account the latest science surrounding HIV transmission.
In 2011, the National Alliance of State and Territorial AIDS Directors issued a policy statement, criticizing these laws and calling on its members to examine their effects. But as the statements below show, state health authorities have mixed opinions about the effect of HIV-specific laws and prosecutions. | Related Story »
ProPublica collected the health department statements between 2012 and 2013.
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| State | HIV Laws | State Health Department Statements |
|---|---|---|
| Alabama B | Ala. Code § 22-11A-21(c) Class C Misdemeanor Any person afflicted with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will probably or likely transmit such disease to another person is guilty of a class C misdemeanor. (HIV included among STDs, see Al. Admin. Code r. 420-4-1-.03.) |
The criminalization of certain acts by those infected with sexually transmitted diseases that do, or are likely to, transmit disease to others is a matter best determined by the state's legislature. The prosecution of such crimes is within the discretion of those with prosecutorial authority. The Alabama Department of Public Health encourages those infected with diseases which can be sexually transmitted to abstain from sexual contact with others, or to utilize safe practices to prevent transmission. Dr. Thomas Miller Deputy Director for Medical Affairs Alabama Department of Public Health |
| Alaska A | Alaska Stat. § 12.55.155(c)(33) Sentence Enhancement The sentencing court may impose a sentence above the presumptive range if the offense was a felony sexual offense specified in Alaska Stat. §§ 11.41.410-11.41.455 and the following factors are proven in accordance with this section: the defendant had been previously diagnosed as having or having tested positive for HIV, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV. |
Our Public Health section has chosen not to provide a quote at this time. Clay Butcher Director of Communications Alaska Department of Health and Social Services |
| Arkansas C | Ark. Code Ann. § 5-14-123 Class A Felony It is a class A felony for a person who knows that he or she has tested positive for HIV to expose another to HIV (1) through the transfer of blood or blood products or (2) by engaging in sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, without first having informed the other person of the presence of HIV. The emission of semen is not a required element of the crime. Ark. Code Ann. § 20-15-903 Class A Misdemeanor A person who is HIV positive must, prior to receiving any health care services of a physician or dentist, advise such physician or dentist that the person has HIV. Failure to do so is a class A misdemeanor. |
We are sorry, but we do not feel that we have sufficient objective data to make a statement on this issue.
Ed Barham Public Information Officer Arkansas Department of Health |
| California E | Cal. Health and Safety Code § 120291 Felony Any person who exposes another to HIV by engaging in unprotected sexual activity (anal or vaginal intercourse without a condom) when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony. A person's knowledge of his or her HIV-positive status, without additional evidence, is not sufficient to prove specific intent. Cal. Health and Safety Code § 120290 Misdemeanor Any person afflicted with any contagious, infectious, or communicable disease who willfully exposes him/herself to another person (and any person who willfully exposes another person afflicted with the disease to someone else) is guilty of a misdemeanor. Cal. Health and Safety Code § 1621.5 Felony It is a felony for any person who knows that he or she has HIV to donate blood, body organs or other tissue, semen, or breast milk to any medical center, breast milk bank or semen bank. (Does not apply if person is mentally incompetent, donates blood for autologous donation, or self-defers his or her own blood under Cal. Health & Safety Code § 1603.3(b). Also, does not apply to sperm donor covered by Cal. Health & Safety Code § 1644.5(c).) Cal. Penal Code § 12022.85 Sentence Enhancement Any person who commits a sexual offense listed in this statute with the knowledge that he or she is infected with HIV at the time of commission shall receive a three-year enhancement for each violation in addition to the sentence provided for the sexual offense itself. Cal. Penal Code § 647f Penalty Enhancement Any person who is charged with soliciting or engaging in prostitution under Cal. Pen. Code § 647(b) shall be also charged with a previous conviction(s) and with having been informed of positive blood test result(s) if: (1) the prior conviction(s) was for violating Cal. Pen. Code § 647 or any other offense listed in Cal. Pen. Code § 1202.1(d); (2) the person was tested for HIV in connection with the prior conviction(s) with positive test results; and (3) the person was informed of that positive test result(s). If the previous conviction and informed test results are found to be true by the trier of fact or are admitted by the defendant, the defendant is guilty of a felony. |
We are aware of national efforts by the Center for HIV Law and Policy and the Positive Justice Project to highlight state laws that, under specified conditions, consider the transmission of HIV from an HIV-positive individual to another individual a criminal offense.
CDPH protects the public health of Californians while following state and federal laws and regulations. CDC regulations and federal law do not allow CDPH to provide a statement regarding the impact of California Health and Safety Code or Penal Code on HIV-positive individuals. Ken August Risk Communication Chief California Department of Public Health |
| Colorado F | Colo. Rev. Stat. § 18-3-415.5 Sentence Enhancement If it is proven beyond a reasonable doubt that a person had notice of his or her HIV infection prior to the date that he or she committed a sexual offense, the judge shall sentence the person to a mandatory term of incarceration of at least three times the upper limit of the presumptive range for the level of offense committed, up to the remainder of the person's life. (“Sexual offense” refers to sexual offenses consisting of sexual penetration as defined in Colo. Rev. Stat. § 18-3-401(6).) (See also Colo. Rev. Stat. § 18-1.3-1004.) Colo. Rev. Stat. § 18-7-205.7 Class 6 Felony Any person who, with knowledge of being infected with HIV, patronizes a prostitute is guilty of a class 6 felony. (“Patronizing a prostitute” is defined in Colo. Rev. Stat. § 18-7-205.) Colo. Rev. Stat. § 18-7-201.7 Class 5 Felony Any person who, in exchange for money or any other thing of value, performs or offers or agrees to perform, with any person not his/her spouse, any act of sexual intercourse, oral sex, masturbation or anal intercourse and does so with knowledge of having tested positive for HIV, is guilty of a class 5 felony. (“Anal intercourse” is defined in § 18-7-201(2).) |
We won’t be sending a comment.
Mark Salley Communications Director Colorado Department of Public Health and Environment |
| Florida I | Fla. Stat. Ann. § 381.0041(11)(b) Third Degree Felony Any person who knows he or she has HIV and has been informed that by donating blood, organs or human tissues he or she may communicate HIV to another person and with this knowledge donates blood, organs, plasma, skin or human tissue is guilty of a felony of the third degree. Fla. Stat. Ann. §384.24(2) Third Degree Felony (First Degree if multiple violations, § 384.34(5)) It is unlawful for any person who has HIV, with knowledge of such infection and having been informed that he or she may communicate it to others through sexual intercourse, to have sexual intercourse with any other person, unless the other person has been informed of the presence of HIV and has consented to the sexual intercourse. Fla. Stat. Ann. § 775.0877 Third Degree Felony A person who pleads guilty or nolo contendere to, or is convicted of, committing or attempting to commit one of the crimes that is listed in subsection (1) of this statute and involves the transmission of bodily fluids from one person to another, who subsequently tests positive for HIV and is informed of that test result, and who then again commits one of the crimes listed in subsection (1) is guilty of criminal transmission of HIV, a felony of the third degree. The offenses listed in subsection (1) include, among others, sexual assault, incest, child abuse, indecent assault upon a minor child, sexual performance by a minor, and donation of contaminated blood. It is an affirmative defense that the person exposed knew the infected person was infected with HIV, knew the action could result in infection, and consented with that knowledge. Fla. Stat. Ann. § 796.08(5) Third Degree Felony A person who has tested positive for HIV and knew or had been informed that he or she tested positive and could transmit HIV through sexual activity commits the crime of criminal transmission of HIV if that person commits prostitution, offers to commit prostitution or (by engaging in sexual activity likely to transmit HIV) procures another for prostitution. |
The Florida Department of Health, Bureau of HIV/AIDS helps to improve the quality of life for Floridians by offering a variety of confidential HIV/AIDS services. New treatments, medications and support mean longer, healthier lives for individuals living with HIV. The more people know about this chronic illness, the more people will be able to manage their own health care.
The Florida Department of Health is monitoring the national HIV conversation to determine the impactof these laws on HIV stigma and discrimination. The Department has guidelines for providing services to persons with HIV which enable the Department to fulfill its responsibility to protect the public's health. Sheri Hutchinson Florida Department of Health |
| Georgia J | Ga. Code Ann. § 16-5-60(c) Felony (punishable by imprisonment for not more than 10 years) Any person who knows that he or she is HIV infected is guilty of a felony if he or she, without first disclosing his or her HIV status, (1) knowingly has sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person; (2) knowingly shares a hypodermic needle or syringe with another person; (3) offers or consents to perform an act of sexual intercourse for money; (4) solicits another to perform or submit to an act of sodomy for money; or (5) donates blood, blood products, other body fluids, or any body organ or body part. Ga. Code Ann. § 16-5-60(d) Felony (punishable by imprisonment for between 5 & 20 years) A person who knows he or she is HIV infected who commits an assault with the intent to transmit HIV, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon a peace or correctional officer while the officer is engaged in the performance of his or her official duties or on account of the officer's performance of his or her official duties is guilty of a felony. |
Criminal statutes are entrusted to the discretion of the legislature and are not the purview of public health.
Ryan Deal Georgia Department of Public Health Communications Director |
| Idaho M | Idaho Code § 39-608 Felony (punishable by imprisonment in the state prison for a period not to exceed 15 years, by a fine not in excess of $5000, or both) Any person who exposes another in any manner with the intent to infect or, knowing that he or she has HIV, transfers or attempts to transfer any of his or her body fluid, tissue or organs to another person is guilty of a felony. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of HIV transmission. It is also an affirmative defense that the transfer of body fluid, tissue or organs occurred after advice from a licensed physician that the accused was noninfectious. (“Body fluid” means semen, blood, saliva, vaginal secretion, breast milk, and urine. “Transfer” means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of an unsterilized hypodermic syringe, needle, or similar device; or giving blood, semen, body tissue, or organs for purposes of transfer to another person.) |
The Idaho statute 39-608 dealing with knowingly exposing persons to HIV was passed into law by the 1988 Idaho legislature at a time when there was less known about the virus, the disease was viewed as inevitably fatal, and the first antiretroviral medication had only recently been approved by the FDA.
Prior to this law, exposing persons to sexually transmitted diseases had already been classified as misdemeanors. Our review of 1988 legislative documents to date indicates the bill sponsor was interested in making it a felony punishment to knowingly expose persons to what was considered a fatal disease at that time, and with a disregard for consequences, or intent to infect with HIV. The statute was not introduced as a public health prevention measure and to our knowledge its effectiveness in that regard has not been studied, nor has its effect on testing, risk, stigma, or care-seeking behaviors of persons living with HIV. The statute has been used sparingly in Idaho with fewer than six convictions to our knowledge. Persons with HIV in Idaho enrolled in case management can receive assistance with disclosure skills and resources from their case managers. The Department of Health and Welfare’s desire is for Idahoans be tested for HIV infection according to current guidelines, for those at risk for infection to adopt behaviors that reduce risk, and for those infected to enroll in medical care. Thomas Shanahan Public Information Manager Idaho Department of Health and Welfare |
| Illinois N | 720 Ill. Comp. Stat. § 5/12-16.2 Class 2 Felony A person who knows that he or she is infected with HIV commits criminal transmission of HIV if he or she (1) engages in contact with another person involving the exposure of the body of one person to a bodily fluid of another in a manner that could result in HIV transmission; (2) transfers, donates or provides his or her blood, tissue, semen, organs or other potentially infectious body fluids for administration (e.g., transfusion) to another person, or (3) in any way transfers to another any nonsterile IV or intramuscular drug paraphernalia. The actual transmission of HIV is not a required element of this crime. It is an affirmative defense that the person exposed knew the infected person was infected with HIV, knew the action could result in infection, and consented with that knowledge. |
Most of the literature that I'm familiar with would say that the vast majority of those folks who know their status or who know they're positive are actually more likely to disclose or to be careful in terms of practicing barrier methods.
Here in Illinois, what we try to do is really focus on the prevention and education aspects of it. When you're looking at African American, Spanish-speaking Latinos, at core, there's already kind of a disproportionate representation in the legal system to begin with. So now you take an infection that disproportionately affects them, then you have a double whammy. We want to make sure that any statute that's on the books is going to enable people to, number one: learn their status; number two: disclose their status, be responsible in their intimate behavior, and go get care. States should start looking at it and do the analysis to see the impact in-state and see how their laws may need to be amended. Dr. LaMar Hasbrouck Director Illinois Department of Public Health |
| Indiana O | Ind. Code § 35-42-1-7 Class C Felony, Class A Felony A person who recklessly, knowingly, or intentionally donates, sells or transfers blood, a blood component, or semen for artificial insemination that contains HIV commits a class C felony, but if it results in the transmission of HIV it is a class A felony. (Does not apply to person who, for reasons of privacy, donates blood to a blood center after the person has notified the blood center that the blood must be disposed of or who transfers HIV positive body fluids for research purposes.) Ind. Code § 35-42-2-6(e) Class D Felony, Class C Felony, Class A Felony A person who knowingly or intentionally in a rude, insolent, or angry manner places (or coerces another to place) blood or another body fluid or waste on a law enforcement or corrections officer, firefighter, or first responder (identified as such and engaged in performance of official duties) commits a class D Felony. If the person knew or recklessly failed to know that the blood, bodily fluid or waste was infected with HIV, it is a class C felony. If the person knew or recklessly failed to know that the blood, bodily fluid or waste was infected with HIV and the offense results in transmission of HIV, it is a class A felony. Ind. Code § 35-42-2-6(f) Class A Misdemeanor, Class D Felony, Class B Felony A person who knowingly or intentionally in a rude, insolent, or angry manner places human blood, semen, urine or fecal waste on another person commits a class A misdemeanor. If the person knew or recklessly failed to know that the blood, semen, urine or fecal waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the blood, semen, urine or fecal waste was infected with HIV and the offense results in transmission of HIV, it is a class B felony. Ind. Code § 35-45-16-2(a) & (b) Class B Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally places human blood, semen, urine or fecal waste in a location with the intent that another person will involuntarily touch it commits malicious mischief, a class B misdemeanor. If the person knew or recklessly failed to know that the blood, urine, or waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the waste was infected with HIV and the offense results in the transmission of HIV to the other person, it is a class B felony. Ind. Code § 35-45-16-2(d) Class A Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally places human blood, body fluid, or fecal waste in a location with the intent that another person will ingest it commits malicious mischief with food, a class A misdemeanor. If the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV and the offense results in the transmission of HIV to the other person, it is a class B felony. Ind. Code Ann. §§ 16-41-7-1, 35-42-1-9 Class B Misdemeanor, Class D Felony Persons who know of their status as a carrier of HIV have a duty to warn – or cause to be warned by a third party – any past, present, or planned future sexual or needle sharing partners of the following: both the carrier's disease status and the need to seek health care such as counseling and testing. This statute only applies to sexual or needle sharing contact that has been demonstrated epidemiologically to transmit HIV. A person who recklessly violates or fails to comply with this law commits a Class B misdemeanor and a person who knowingly or intentionally violates or fails to comply with this law commits a Class D felony. Ind. Code § 16-41-14-17 Class C Felony, Class A Felony A person who, for the purpose of artificial insemination, recklessly, knowingly, or intentionally donates, sells, or transfers semen that contains HIV antibodies commits a Class C felony. The offense is a Class A felony if the offense results in the transmission of the virus to another person. (This does not apply to a person who transfers for research purposes semen that contains HIV antibodies.) |
We would be happy to provide you with any statistics you need, however we are unable to provide you a statement.
Kenneth Severson Media Relations Coordinator Indiana State Department of Health |
| Iowa L | Iowa Code § 709C.1 Class B Felony A person who knows that he or she is infected with HIV commits criminal transmission if he or she: (1) engages in intimate contact with another person; (2) transfers, donates or provides blood, tissue, semen, organs, or other potentially infectious bodily fluids for administration (e.g., transfusion) to another person; or (3) in any way transfers to another person any nonsterile intravenous or intramuscular drug paraphernalia previously used by the person infected with HIV. “Intimate contact” means the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV. Actual transmission of HIV is not a necessary element of this crime. It is an affirmative defense that the person exposed to HIV knew the other person had HIV, knew the action could result in transmission of HIV, and consented to the action with that knowledge. |
Our viewpoint is that the laws should be reviewed in context of everything that's changed recently. We have a lot of new tools and we think that we probably have enough tools now to change the course of the epidemic, but we need some help to do that and we feel that the laws may be impeding what we're trying to do in Iowa to address the HIV epidemic.
Randy Mayer Chief, Bureau of HIV, STD and Hepatitis Iowa Department of Public Health |
| Kansas P | Kan. Stat. Ann. § 21-3435 Severity Level 7, Person Felony It is unlawful for a person who knows he or she is infected with a life threatening communicable disease knowingly to engage in sexual intercourse or sodomy with another individual, to sell or donate one's own blood, blood products, semen, tissue, organs or other body fluids, or to share with another individual a hypodermic needle, syringe, or both with the intent to expose that individual to that life threatening communicable disease. (HIV is not specified in the statute, but “communicable disease” is defined as a life-threatening disease or condition that is spread in the same ways as HIV – for example, sexual intercourse or needle sharing.) Kan. Stat. Ann. § 65-6005 Class C Misdemeanor A dental health care worker who is HIV positive or otherwise knows or should know that he or she is capable of transmitting HIV, shall not perform or participate directly in an exposure-prone procedure unless counsel has been sought from an expert review panel. |
It is the responsibility of KDHE to enforce those laws enacted by the Kansas Legislature, including KSA § 21-3435 and 65-6005. Therefore, the agency’s role is only to act as regulator on these topics.
Aimee Rosenow Public Information Officer Kansas Department of Health and Environment |
| Kentucky Q | Ky. Rev. Stat. § 311.990(24)(b) Class D Felony Any person infected with HIV – knowing that he or she is infected and having been informed of the possibility of communicating the infection by donating human organs, skin or other human tissues – who donates organs, skin or other human tissue is guilty of a class D felony. Ky. Rev. Stat. § 529.090(3) & (4) Class D Felony Any person who commits, offers, agrees to commit or procures another to commit prostitution by engaging in sexual activity in a manner likely to transmit HIV and who, prior to the commission of the crime, had tested positive for HIV and knew or had been informed that he or she had tested positive and could possibly communicate the disease to another through sexual activity, is guilty of a class D felony. |
Purely from a public health perspective, imposing harsher sentences on individuals with HIV or treating HIV-positive patients differently in the eyes of the law may impact the effectiveness of the Department for Public Health's HIV prevention efforts.
DPH has done considerable outreach and education to de-stigmatize HIV, including:
Jill Midkiff Director of Communications Kentucky Cabinet for Health and Family Services |
| Louisiana R | La. Rev. Stat. Ann. § 14:43.5 It is unlawful for any person to intentionally expose another to HIV through sexual contact or through any means or contact (including spitting, biting, stabbing with an HIV contaminated object, or throwing of blood or other bodily substances) without the knowing and lawful consent of the victim. (If the victim is a police officer, and the offender has reasonable grounds to believe the victim is a police officer acting in performance of his or her duty, fine can be not more than $6000 and imprisonment can be not more than 11 years, or both.) |
Having HIV is not a crime, but knowingly infecting others with HIV is. We work with community-based partners and other health professionals to educate the public about how to avoid contracting HIV and to help those living with HIV to manage their illness and live full lives.
Christina Stephens Communications Director Louisiana Department of Health and Hospitals |
| Maryland T | Md. Code Ann., Health-General § 18-601.1 Misdemeanor (punishable by a fine not exceeding $2,500 or imprisonment not exceeding 3 years, or both) A person with HIV who knowingly transfers or attempts to transfer the virus to another individual is guilty of a misdemeanor. |
It is not possible to quantify how HIV laws impact HIV transmission. Sound advice for everyone over age 13 is to get tested for HIV, get treatment if needed, and talk openly with families and partners about HIV.
Frances Phillips Deputy Secretary for Public Health Services Maryland Department of Health and Mental Hygiene |
| Michigan V | Mich. Comp. Laws § 333.5210 Felony A person who knows he or she has HIV, and who engages in sexual penetration with another person without informing that person of his or her HIV status, is guilty of a felony. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body; emission of semen is not required. |
Our first and foremost concern at the Michigan Department of Community Health is to protect the health, wellness, and safety of every Michigander, including those who are HIV infected or at risk for infection. Under current Michigan law, it is a felony for an HIV infected person to engage in sexual penetration without first informing the other person of the HIV infection. That in mind, our goal is to educate Michiganders about their personal risks, and the steps they can take to learn their status and receive testing and treatment as appropriate. We firmly believe that knowledge and education are crucial to protecting the health of all of our residents by encouraging them to learn their status.
Dr. Matthew Davis Chief Medical Executive Michigan Department of Communtiy Health |
| Minnesota W | Minn. Stat. § 609.2241 Felony or Misdemeanor A person who knowingly harbors an infectious agent commits a crime – which may be prosecuted as an assault, murder, attempted assault or attempted murder – if the person transfers that infectious agent by: (1) sexual penetration with another person without having first informed the other person that the person has a communicable disease; (2) transfer of blood, sperm, organs or tissue (with some specified exceptions); or (3) sharing nonsterile syringes or needles for the purpose of injecting drugs. It is an affirmative defense that the infected person took practical means to prevent transmission as advised by a physician or other health professional or is a health care provider who was following professionally accepted infection control procedures. (HIV is not specified in the statute, but “communicable disease” is defined as a serious disease or condition that is spread in the same ways as HIV – for example, sexual intercourse or needle sharing.) |
Any statement regarding the effect of the law on HIV treatment, HIV prevention, and stigma in Minnesota would be speculation, as the Minnesota Department of Health has not researched or studied the question.
Peter Carr Section Manager, HIV/STDs Minnesota Department of Health |
| Mississippi Y | Miss. Code Ann. § 97-27-14(1) Felony (punishable by a fine not exceeding $10,000 and imprisonment of 3 to 10 years, or both) It shall be a felony for any person to knowingly expose another person to HIV. Prior knowledge and willing consent to the exposure is a defense to a charge brought under this statute. Miss. Code Ann. § 97-27-14(2) Felony (punishable by a fine not exceeding $10,000 and imprisonment of 3 to 10 years, or both) It is a felony if a person attempts to cause or knowingly causes a corrections employee, a visitor to a correctional facility or another prisoner or offender to come into contact with blood, seminal fluid, urine, feces or saliva, if the person knows that he or she is infected with HIV. |
As a health agency for the state, our focus is on identifying people who have HIV infection and getting them into the appropriate course of care and supplemental services that they might need.
Dr. Nicholas Mosca Director, STD/HIV Office Mississippi State Department of Health |
| Missouri X | Mo. Rev. Stat. § 191.677 Class B Felony, Class A Felony It is unlawful for a person knowingly infected with HIV to be (or attempt to be) a donor of blood, blood products, organs, sperm or tissue, except as deemed necessary for medical research. It is also unlawful for a person knowingly infected with HIV to act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person, in any of the following manners: (1) through contact with blood, semen or vaginal secretions during oral, anal or vaginal sex, (2) by sharing needles, or (3) by biting another person or purposely doing anything else which causes the HIV infected person's semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of another person. The use of a condom is not a defense. A violation of these provisions is a class B felony, unless the victim contracts HIV from the contact, in which case it is a class A felony. (Statute provides examples of “reckless” conduct.) Mo. Rev. Stat. § 565.085 Class C Felony A prisoner (or a person otherwise in the custody of the department of corrections) who is knowingly infected with HIV commits a class C felony if he or she attempts to cause or knowingly causes a corrections employee, a visitor to a correctional facility, or another prisoner to come in contact with blood, saliva, seminal fluid, urine, or feces. Mo. Rev. Stat. § 567.020 Class B Felony Performing an act of prostitution, which is normally a class B misdemeanor, becomes a class B felony if the prostitute knew prior to performing the act of prostitution that he or she was infected with HIV. The use of a condom is not a defense. |
This law was passed by the Missouri General Assembly in 1988, and the Department of Health and Senior Services provides information about Missouri Revised Statute 191.677 to clients to ensure that they are aware of state laws pertaining to their HIV status.
Ryan Hobart Communications Director Missouri Department of Health and Senior Services |
| Montana Z | Mont. Code Ann. §§ 50-18-112, 50-18-113 Misdemeanor A person infected with an STD (defined to include HIV in § 50-18-101) may not knowingly expose another person to infection. |
At this time, we would not be interested in commenting.
Jon Ebelt Public Information Officer Montana Department of Public Health and Human Services |
| Nebraska c | Neb. Rev. Stat. § 28-934 Class IIIA Felony Any person who knowingly and intentionally strikes any public safety officer with any bodily fluid is guilty of a Class IIIA felony if the person committing the ofense strikes the eyes, mouth, or skin of a public safety officer and knew the source of the bodily fluid was infected with HIV, hepatitis B, or hepatitis C at the time the offense was committed. |
The Nebraska HIV Prevention Program’s vision and mission is to lower HIV infection, illness and death rates to result in healthier Nebraskans and to create an environment of leadership, partnership and advocacy which fosters HIV prevention and the provision of services.
There are no requirements in this law specific to the Nebraska Department of Health and Human Services’ public health efforts around HIV prevention, testing and treatment, therefore the law has not affected the daily work we do with HIV. Leah Bucco-White Public Information Officer Nebraska Department of Health and Human Services |
| Nevada g | Nev. Rev. Stat. § 201.205 Category B Felony (punishable by imprisonment for at least 2 years but not more than 10, or by a fine of not more than $10,000, or both) A person who has received notice that he or she is HIV positive and who intentionally, knowingly or willfully engages in conduct in a manner that is intended to or is likely to transmit the disease to another person is guilty of a category B felony. It is a defense that the person subject to exposure to HIV knew that the defendant was HIV positive, knew the conduct could result in exposure to HIV, and consented to engage in that conduct. Nev. Rev. Stat. § 441A.300 Sentence Enhancement A person diagnosed with HIV who fails to comply with a written order of a health authority, or who engages in behavior through which the disease may be spread to others, is subject to confinement by order of a court, in addition to any other penalty imposed pursuant to state statute. Nev. Rev. Stat. § 441A.180 Misdemeanor A person who conducts himself or herself in any manner likely to expose others to a communicable disease in an infectious state or engages in any occupation in which it is likely that such a disease will be transmitted to others, after service upon him or her of a warning from a health authority, is guilty of a misdemeanor. Nev. Rev. Stat. § 201.358 Class B Felony (punishable by 2 to 10 years imprisonment, or a fine of not more than $10,000, or both) A person who works as a prostitute in a licensed house of prostitution after testing positive for HIV and after receiving notice of that fact is guilty of a category B felony. |
According to the State Health Officer, Dr. Tracey Green, enforcement of criminal offenses is a law enforcement issue. The Health Division supports all patient rights. It is our goal to assure all Nevadans are healthy and not discriminated against. It is also our goal to provide assistance to HIV/AIDS positive Nevadans whenever possible. We also provide prevention outreach and education, which includes encouraging all Nevadans to get tested in order to know their status.
Martha Framsted Public Information Officer Nevada State Health Division |
| New Jersey e | N.J. Stat. Ann. § 2C: 34-5 Crime of the Third Degree A person is guilty of a crime of the third degree if, knowing that he or she is infected with HIV, he or she commits an act of sexual penetration without the informed consent of the other person. |
New Jersey's focus is on prevention and on treatment for those who test positive. Early detection is key to getting into treatment, managing HIV and having the best quality of life. There are highly effective treatments available which can dramatically improve longevity and quality of life for those living with HIV. I encourage everyone to get tested and learn their status .More than 140 rapid HIV test sites are available around New Jersey. Approximately 100,000 HIV tests were performed at these sites last year. Testing sites include community-based organizations, hospitals, health departments, federally qualified health centers and other health facilities that make getting tested easy and convenient. The U.S. Centers for Disease Control and Prevention recommends that all health care providers offer HIV testing to patients between the ages of 13 and 64 as part of routine medical care.
Donna Leusner Director of Communications New Jersey Department of Health |
| North Carolina a | N.C. Gen. Stat. Ann. § 130A-144 Misdemeanor (imprisonment for not more than 2 years) All persons infected with HIV must comply with control measures for communicable diseases specified in the state administrative code, 10A NCAC 41A.0202(1) . That section a) prohibits sexual intercourse without the use of condoms and requires the exercise of caution when using condoms due to possible condom failure; b) prohibits the sharing of needles, syringes, or any other drug-related equipment, paraphernalia, or works that may be contaminated with blood through previous use; c) prohibits the donation or sale of blood, plasma, platelets, other blood products, semen, ova, tissues, organs, or breast milk; d) requires a skin test for tuberculosis; e) requires the notification of future sexual intercourse partners of the infection; f) if the date of initial infection is known, requires the notification of persons who have been sexual intercourse and needle partners since the date of the infection; and, g) if the date of initial infection is unknown, requires the notification of persons who have been sexual intercourse and needle partners for the previous year. Violation of the control measures is a misdemeanor and special provisions related to sentencing and release apply (see N.C. Gen. Stat. Ann. § 130A-25). |
The law gives the authority to local health directors, not to NCDHHS.
The majority of HIV resources are used to assist people with HIV in getting the care they need. North Carolina recognizes that stigma can be a barrier to care for people living with HIV and makes many efforts at the state and local level to reduce stigma and increase the number of HIV positive individuals in care, on treatment and virally suppressed. Julie Henry Assistant Communications Director North Carolina Department of Health and Human Services |
| North Dakota b | N.D. Cent. Code § 12.1-20-17 Class A Felony A person who, knowing that he or she has HIV, willfully transfers any of his or her body fluid to another person is guilty of a class A felony. It is an affirmative defense that, if the transfer was by sexual activity, the activity took place between consenting adults after full disclosure of the risk of the activity and with the use of an appropriate prophylactic device. (“Body fluid” means semen, blood, or vaginal secretion. “Transfer” means to engage in sexual activity by genital-genital contact, oral-genital contact, or anal-genital contact, or to permit the reuse of a hypodermic syringe, needle, or similar device without sterilization.) |
Obviously, we do have a law on the books that states that it is unlawful to knowingly transfer bodily fluid that may contain HIV to another person without appropriately informing them that this is a risk to them.
When we have cases of HIV diagnosed here in the state we do obviously provide services to each of those clients informing them of the resources available here in North Dakota and also informing each of those persons about the law and what the law means and how they can protect themselves from it. The way that we obviously approach people living with HIV about the law is really to inform them that it exists, what the implications are, and what their responsibility is to protect themselves from it. Our laws are not such that spitting on somebody or salivary contact would bring criminal charges under that law – it does have to be semen, blood – it is written such that it doesn’t open it up to a wide plethora of unsubstantiated things. I don’t know why we needed the law first but we’re doing our best to inform our HIV-positive people of it and provide the necessary resources to protect themselves and protect others and not get themselves into trouble. Lindsey VanderBusch HIV/STD/Hepatitis/TB Program Manager North Dakota Department of Health |
| Ohio i | Ohio Rev. Code § 2903.11 Second Degree Felony, First Degree Felony No person, with knowledge that the person has tested positive for HIV, shall knowingly do any of the following: (1) Engage in sexual conduct with another person without disclosing his or her HIV positive status to the other person prior to engaging in the sexual conduct, (2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender is HIV positive, or (3) Engage in sexual conduct with a person under 18 who is not the spouse of the offender. Violation of this provision is a felony of the second degree. If the victim is a peace officer or an investigator of the bureau of criminal identification and investigation, it is a felony in the first degree. (“Sexual conduct” is defined in § 2903.11(E)(4) and § 2907.01, and includes anal intercourse, vaginal intercourse, fellatio, cunnilingus, or the insertion, however slight, of any part of the body into the anal or vaginal opening of another.) Ohio Rev. Code §§ 2907.24, 2907.25 Third Degree Felony No person, with knowledge that the person has tested positive for HIV, shall engage in, or solicit another person to engage in, sexual activity for hire. Ohio Rev. Code § 2907.241 Fifth Degree Felony A person who commits “loitering to engage in solicitation” commits a fifth degree felony if the person commits the offense with the knowledge that he or she has tested positive for HIV. Ohio Rev. Code § 2921.38 Third Degree Felony No person, with knowledge that the person is HIV positive and with intent to harass, annoy, threaten, or alarm another person, shall cause or attempt to cause the other person to come into contact with blood, semen, urine, feces, or another bodily substance by throwing the bodily substance at the other person, by expelling it upon the other person, or in any other manner. (Section does not apply to persons in a facility operated by the departments of mental health or developmental disabilities.) Ohio Rev. Code § 2927.13 Fourth Degree Felony No person, with knowledge that he or she is HIV positive, shall sell or donate his/her blood, plasma, or a product of his/her blood, if he or she knows or should know the blood, plasma, or product of his/her blood is being accepted for the purpose of transfusion to another individual. |
The Ohio Department of Health is aware of the concerns raised by some in reference to criminal statutes related to HIV transmissions. The mission of the Ohio Department of Health is to protect and improve the health of all Ohioans and does not directly comment on criminal matters, therefore we defer to other entities in Ohio to comment on the overall benefit of these statues to society.
Tessie Pollock Public Information Officer Ohio Department of Health |
| Oklahoma j | Okla. Stat. tit. 21, § 1031 Felony (punishable by imprisonment for not more than five years) Any person who engages in prostitution with knowledge that he or she is infected with HIV shall be guilty of a felony. Okla. Stat. tit. 21, § 1192.1 Felony (punishable by imprisonment for not more than five years) It shall be unlawful for any person – knowing he or she has HIV and with intent to infect another – to engage in conduct reasonably likely to result in the transfer of the person's own blood, bodily fluids containing visible blood, semen or vaginal secretions into the bloodstream of another, or through the skin or other membranes of another person, except during in utero transmission of blood or bodily fluids, if the other person did not consent to the transfer or consented without first having been informed that the offender had HIV. Okla. Stat. tit. 63, § 1-519 Felony It is a felony for any person, after becoming infected with a venereal disease and before being pronounced cured by a physician in writing, to marry any other person or to expose any other person by the act of copulation or sexual intercourse to such venereal disease or to liability to contract the venereal disease. (“Venereal disease” is defined to include diseases which may be transmitted from one person to another through or by means of sexual intercourse and found and declared by medical science or accredited schools of medicine to be infectious or contagious, § 1-517.) |
The Oklahoma State Department of Health does not have criminal enforcement capabilities and thus we are unable to comment specifically on enforcement of this statute. Enforcement would be provided through county District Attorneys as well as the State Attorney General.
Leslea Bennet-Webb Director of Communications Oklahoma State Department of Health |
| Pennsylvania l | 18 Pa. Cons. Stat. Ann. § 2703 Second Degree Felony A person who is confined in or committed to any jail, prison or correctional or penal institution is guilty of a felony of the second degree if he or she, while so confined (or being transported to or from such a facility), intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know or should have known or believed that such fluid or material was infected with HIV. 18 Pa. Cons. Stat. Ann. § 2704 Felony (penalty shall be the same as the penalty for murder of the second degree) If a person sentenced to death or life imprisonment intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know, or should have known or believed that the fluid or material was infected with HIV, then the person is guilty of a crime. 18 Pa. Cons. Stat. Ann. § 5902 Third Degree Felony It is a felony of the third degree for a person to commit prostitution knowing he or she is HIV positive; to knowingly promote prostitution of one who is HIV positive; or, if the person knows him or herself to be HIV positive, to patronize a prostitute. |
There are existing laws in Pennsylvania that we are currently obligated to follow, and we are not aware of any current efforts to revise them.
Christine Conkright Director of Communications Pennsylvania Department of Health |
| Rhode Island m | R.I. Gen. Laws 1956 § 23-11-1 Punishable by a fine of not more than $100 or imprisonment for not more than three months. It shall be unlawful for anyone knowingly, while in the infectious condition with a sexually transmitted disease, to expose another person to infection. |
We don't have a particular position on the law, as we don't have any evidence that it has an impact on HIV prevention or treatment. We do have evidence that education, confidential and anonymous HIV testing, and prompt connection to care for people who are HIV positive are highly effective strategies for preventing the spread of HIV. Dr. Michael Fine Director of Health Rhode Island Department of Health |
| South Carolina n | S.C. Code Ann. § 44-29-145 Felony (punishable by a fine of not more than $5000 or imprisonment for not more than 10 years) It is unlawful for a person who knows he or she is infected with HIV to: (1) knowingly engage in sexual intercourse (vaginal, anal, or oral) with another person without first informing that person of his HIV infection; (2) knowingly commit an act of prostitution with another person; (3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids; (4) forcibly engage in sexual intercourse (vaginal, anal or oral) without the consent of the other person, including one's legal spouse; or (5) knowingly share with another person a hypodermic needle/syringe without first informing that person that the needle or syringe has been used by someone infected with HIV. S.C. Code Ann. §§ 44-29-60, 44-29-140 Misdemeanor (punishable by a fine of not more than $200 or imprisonment for not more than 30 days) It is unlawful for anyone infected with an STD included in the annual SC Dep’t of Health and Environmental Control List of Reportable Diseases to knowingly expose another to infection. |
First of all, it is important to remember a significant mission statement that appears on our agency's website at http://www.scdhec.gov/health/disease/stdhiv/ that reads: “DHEC provides services to prevent the spread of sexually transmitted diseases (STDs) and HIV infection, to reduce associated illness and death, and to provide care and support resources for persons with HIV disease.”
It is our agency's goal to reduce the spread of these illnesses as much as possible, offer assistance, guidance and helpful resources, as well as treatment to those who contract these illnesses, and protect them to the best of our ability under the laws of the state. Of course, federal privacy laws also guide us on the type of personal health-related information that can be released to anyone. We partner with numerous non-governmental organizations in an effort to help provide the necessary disease and treatment information, as well as support for these individuals. Yes, DHEC has received requests, court orders, and subpoenas for records protected by S.C. law. DHEC does not release these records in the absence of an authorization, or in compliance with the requirements of Section 44-29-136. Depending on the legal process used, DHEC may file a motion to quash a subpoena, move to set aside a court order, request a hearing, or file for supersedeas. DHEC has one of the most stringent privacy laws affecting HIV/STD information and records. Compliance with this law is of paramount importance to our agency. DHEC has no authority to enforce criminal laws; our state's Solicitors have that responsibility. The SC Legislature determines the criminal penalty associated with a specific violation of law. Such penalties are not determined by our agency. Jim Beasley Public Information Director South Carolina Department of Health and Environmental Control |
| South Dakota o | S.D. Codified Laws §§ 22-18-31, 22-18-33, 22-18-34 Class 3 Felony It is unlawful for any person, knowing him/herself to be infected with HIV, to intentionally expose another person to infection by: (1) engaging in sexual intercourse or other intimate physical contact with another person; (2) transferring, donating or providing blood, tissue, semen, organs or other potentially infectious body fluids or parts for administration to another person in any manner that presents a significant risk of HIV infection; (3) transferring in any way to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by him/herself; or (4) causing blood or semen to come in contact with another person for the purpose of exposing that person to HIV infection. The actual transmission of HIV is not a required element of this offense. It is an affirmative defense, if proven by a preponderance of the evidence, that the person exposed to HIV knew the infected person was infected with HIV, knew the action could result in infection with HIV, and gave advance consent to the action with that knowledge. |
My apologies. I thought [Health] Secretary [Doneen] Hollingsworth's office had already indicated she would not be commenting.
Barb Buhler Public Information Officer South Dakota Department of Health |
| Tennessee p | Tenn. Code Ann. § 39-13-109 Class A Misdemeanor, Class C Felony It is unlawful for a person, knowing that he or she is infected with HIV, hepatitis B, or hepatitis C, to knowingly: (1) engage in intimate contact with another; (2) transfer, donate or provide any potentially infectious body fluid or part for administration to another person in any manner that presents a significant risk of transmission; or (3) transfer in any way to another any nonsterile intravenous or intramuscular drug paraphernalia. “Intimate contact with another” means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of transmission. It is an affirmative defense, if proven by a preponderance of the evidence, that the person exposed to HIV, hepatitis B, or hepatitis C knew the infected person was infected, knew the action could result in infection, and gave advance consent to the action with that knowledge.Transmission is not a required element of this offense. Criminal exposure to HIV is a Class C felony. Criminal exposure to hepatitis B or hepatitis C is a Class A misdemeanor. Tenn. Code Ann. § 39-13-516 Class C Felony A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity. Tenn. Code Ann. § 39-13-108 Class E Felony A person who intentionally escapes from a secure facility commits a Class E felony, if the person was quarantined or isolated in that facility because he or she poses a direct threat of significant risk to the health and safety of the public regarding transmission of HIV Tenn. Code Ann. § 40-35-114(21) Sentence enhancement If a defendant is convicted of the offense of aggravated rape (§ 39-13-503), sexual battery (§ 39-13-505), rape of a child (§ 39-13-522), or statutory rape (§ 39-13-506), and the defendant knew or should have known that, at the time of the offense, the defendant was HIV-positive, the court shall consider this as an advisory factor in determining whether to enhance the defendant’s sentence. Tenn. Code Ann. § 68-10-107, 68-10-101, 68-10-111 Class C Misdemeanor It is unlawful for any person infected with an STD to expose another person to such infection. |
Thank you for the information you provided, and for your efforts to increase public awareness about the continuing importance of HIV/AIDS prevention and treatment. Both are priorities for TDH as we seek to address population health issues in our state.
A common thread among individuals who serve the public in our health departments is a commitment to compassionate care for every patient. We have a number of HIV/AIDS prevention initiatives in place, and we offer a variety of counseling and treatment services to those affected by HIV/AIDS. The Tennessee statute regarding criminal transmission of HIV/AIDS is not administered by our department and we have no information or details about the nature of any arrests. We don’t know if cases cited in your email refer to an individual defendant, an individual contact event, an individual victim or something else altogether. This case from a few years ago demonstrates the difficulty: http://www.johnsoncitypress.com/News/article.php?id=90793 One defendant, three alleged victims, five alleged occurrences. If a case is a “count” in an indictment, this single defendant accounts for five potential cases, or one-tenth of the fifty total cases referred to in the report. Likewise, a single prostitute with multiple arrests and charges could represent a substantial percentage of the total cases in the state during that period. None of this gives us any particular reason to conclude Tennessee’s law with regard to criminal charges have or have not discouraged patients from seeking treatments at the health departments or elsewhere. It is important to note TDH respects the confidentiality of patient records and does not report HIV/AIDS cases to legal authorities. Woody McMillin Communications and Media Relations Director Tennessee Department of Health |
| Utah r | Utah Code Ann. § 76-10-1309 Third Degree Felony (Enhanced Penalty) A person who is convicted of prostitution, patronizing a prostitute, or sexual solicitation is guilty of a third degree felony if he or she: (1) is HIV positive, (2) has actual knowledge of his or her HIV positive status, and (3) has received written personal notice of the positive test result from a law enforcement agency. Utah Code Ann. § 76-5-102.6 Third Degree Felony Any prisoner or person detained who knows he or she has HIV commits a third degree felony if he or she throws or otherwise propels his or her saliva, blood, urine, or fecal material at a peace or correctional officer and it comes into contact with any portion of the officer's face (including the eyes or mouth) or comes into contact with any open wound on the officer's body. |
We really don’t have an opinion as far as on the controversy right now. As of right now, we don’t have any plans to change the laws. [It’s] something that, if we wanted to enforce or do, we would definitely have to have some increased funding, which appears to be a big issue right now, especially for lower incidence states. Lynn Meinor Program Manager Communicable Disease Prevention Program Utah Department of Health |
| Virginia s | Va. Code Ann. § 18.2-67.4:1(A) Class 6 Felony Any person who, knowing he or she is infected with HIV, has sexual intercourse, cunnilingus, fellatio, “anallingus” or anal intercourse with the intent to transmit the infection to another person shall be guilty of a class 6 felony. Va. Code Ann. § 18.2-67.4:1(B) Class 1 Misdemeanor Any person who, knowing he or she is infected with HIV, has sexual intercourse, cunnilingus, fellatio, “anallingus” or anal intercourse without having previously disclosed the existence of his or her HIV infection to the other person shall be guilty of a class 1 misdemeanor. Va. Code Ann. § 32.1-289.2 Class 6 Felony Any person who donates or sells, attempts to donate or sell, or consents to the donation or sale of blood, other body fluids, organs or tissues, knowing that the donor is or was infected with HIV and having been instructed that such material may transmit HIV infection, is guilty of a class 6 felony. (Does not apply to the donation of infected blood, other body fluids, organs or tissues or body parts for use in medical or scientific research.) |
The Virginia Department of Health places a high priority on ensuring people diagnosed with sexually transmitted infections such as HIV and syphilis receive individualized counseling and referrals. These interventions focus on preventing transmission of infections by helping the individual reduce risk behaviors and obtain medical treatment. Our disease investigation specialists are trained to educate clients about the statutes, if necessary, but the existence of the statutes does not affect our prevention, diagnosis and treatment efforts.
Dr. David Trump State Epidemiologist Virginia Department of Health |
| Washington u | Wash. Rev. Code Ann. § 9A.36.011 Class A Felony A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm, administers, exposes, or transmits to or causes to be taken by another, HIV. |
The Washington State Department of Health supports public health approaches to screening for, preventing, and treating HIV, and is interested in taking part in review and discussion about HIV criminal statutes. We understand there are many perspectives to be considered. Yet we believe it_s time to look at the effectiveness of such laws, given current knowledge and understanding of HIV transmission and treatment, which have advanced a lot since most of those HIV laws were written. It_s important that laws are grounded in public health science and avoid increasing stigma and discrimination.
Donn Moyer Media Relations Manager Washingotn Department of Health |
| Wisconsin v | Wis. Stat. § 973.017(4) Sentence Enhancement When making a sentencing decision concerning a person convicted of a serious sex crime, the court shall consider as an aggravating factor the fact that the crime was committed under all of the following circumstances: (1) the person being sentenced had HIV, (2) he or she knew he or she had HIV, and (3) the victim of the crime was significantly exposed to HIV by the acts constituting the serious sex crime. (“Significantly exposed”l; is defined in the statute.) |
The Department has no Wisconsin data on which to base any comments on whether this statute has had any “effect on HIV treatment, prevention and stigma.” Therefore, we are not in a position to provide a comment for your story.
Stephanie Smiley Communications Director Wisconsin Department of Health Services |