HIV criminalisation refers to the use of criminal and similar laws against people living with HIV based on their HIV-positive status. In many countries around the world, criminal laws have been introduced that punish the transmission of HIV, potential or perceived exposure to HIV, and even non-disclosure of HIV status.
Is it illegal to not disclose HIV status?
Thanks to California Senate Bill 329, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status.
What is the charge for not telling someone you have HIV?
An unsuccessful attempt to infect, or acting with “reckless disregard,” would be a class D felony. That is punishable by a maximum of five years in prison. A person who simply failed to disclose their HIV status could be charged with a misdemeanor.
What happens if you dont disclose HIV?
In some states, you can be charged with a crime if you don’t tell your partner your HIV status, even if you used a condom or another type of protection and the partner does not become infected.
Is it illegal to not disclose an STD?
As a general rule, no, you do not have an obligation to tell your partner if you have a sexually transmitted disease. There aren’t any federal or state laws making it illegal for you to not tell a partner about an STD you may have.
What are the laws on HIV in the Philippines?
The Philippines does not have any HIV-specific laws that criminalise HIV non-disclosure, perceived ‘exposure’ or transmission.
What are HIV-specific criminal exposure laws?
During the early years of the HIV epidemic, a number of states implemented HIV-specific criminal exposure laws. These laws impose criminal penalties on people living with HIV who know their HIV status and who potentially expose others to HIV.
Do you have to disclose your HIV status?
In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.
How many states have laws that require HIV disclosure?
In 19 states, laws require persons who are aware that they have HIV to disclose their status to sexual partners and 12 states require disclosure to needle-sharing partners. Several states criminalize one or more behaviors that pose a low or negligible risk for HIV transmission.
