![]() 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. 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 run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment." 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." 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.įederal law and policy National HIV/AIDS strategy 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. be based on scientifically accurate information regarding HIV transmission routes and risk." 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. ![]() Unfortunately, these laws did not appear to have the intended effect. 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. Some states treat the transmission of HIV, depending upon a variety of factors, as a felony and others as a misdemeanor.Ĭriminal statutes were intended to reduce HIV transmission by encouraging safe sex practices, increased HIV testing, and disclosure of HIV status. Spitting or transmitting HIV-infected bodily fluids is a criminal offense in some states, particularly if the target is a prison guard. A person donating HIV-infected organs, tissues, and blood can be prosecuted for transmitting the virus. 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. State laws criminalize different behaviors and assign different penalties. states have prosecuted HIV-positive individuals for exposing another person to HIV. ![]() The criminal transmission of HIV in the United States varies among jurisdictions. Intentional or reckless infection of a person with the human immunodeficiency virus in the U.S.
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