Sexual Behavior, Stigma, Perceived Hostility, Comfort With Disclosure and New Jersey’s HIV Exposure Law

Findings from this study indicate that the law may have minimal impact on the disclosure behavior of people with HIV, and is not an effective structural HIV prevention intervention. The researchers posit that internalized normative values likely guide disclosure, irrespective of the law. As a result, the authors argue that interventions designed “to increase comfort with seropositive status disclosure may be a better way to achieve the desired behaviors.

Evaluating The Impact of Criminal Laws On HIV Risk Behavior

This article reports on the characteristics and prevalence of HIV-specific criminal exposure and transmission laws, and the enforcement of those laws through prosecutions during the period 1986­-2001. It also examines the possible mechanisms through which criminal law influences behavior and considers how these might apply to the specific laws described.

Beyond criminalization: reconsidering HIV criminalization in an era of reform

This paper reviews recent studies examining the application of HIV-specific criminal laws in North America (particularly the United States and Canada). In the wake of the development of new biomedical prevention strategies, many states in the United States (US) have recently begun to reform or repeal their HIV-specific laws. These findings can help inform efforts to ‘modernize’ HIV laws (or, to revise in ways that reflect recent scientific advances in HIV treatment and prevention).

True Not Crime Story

Series of 4 videos from criminalisation survivors sharing their story to help others avoid their unfair experiences with the criminal justice system and HIV stigma. The videos are meant as a reminder of why these harmful HIV laws that still exist in over 30 states need to be modernised.

The Threat Lives On: How to Exclude Expectant Mothers from Prosecution for Mere Exposure of HIV to their Fetuses and Infants (2015)

This article articulates how the threat of prosecution of mothers living with HIV who expose or transfer the virus to their foetuses or newborn will discourage and scare women away from seeking proper medical treatment instead of encouraging HIV treatment and prevention. It also explores how HIV-specific criminal transmission laws in the United States could hamper and stifle the progress in prevention and treatment of vertical transmission. It concludes by proposing a model for change in addressing these HIV-specific criminal transmission statutes.

Breastfeeding with HIV: An Evidence-Based Case for New Policy (2019)

A review of the benefits and risks of breastfeeding for mothers living with HIV, and recommendations that the United States Department of Health and Human Services (DHHS) include breastfeeding as an option for with living with on suppressive antiretroviral therapy who maintain an undetectable viral load.

Disability Law and HIV Criminalization

Over thirty states maintain criminal laws that expressly target people living with HIV. Thousands of people are prosecuted under these statutes, exposing them to decades of incarceration, thousands of dollars in fines, and state-sanctioned stigma. This broad pattern of discrimination based solely on HIV status is not supported by scientific evidence nor public-health rationales. This Note argues that many states’ HIV-specific criminal laws violate the Americans with Disabilities Act’s ban on discrimination by public entities.

When Saliva Is a Crime: Reforming Mississippi’s HIV Criminalization Law Utilizing the Center for Disease Control and Criminalization Law Utilizing the Center for Disease Control and Prevention’s Policy Analytical Framework

In this study, Mississippi’s existing policy was identified using the Center for Disease Control and Prevention’s Policy Analytical Framework, and three possible policy options were analyzed and scored based on public health impact, feasibility, and economic and budgetary impact. Results of this analysis strongly indicate that Mississippi Code ANN. § 97-27-14 should be amended to be scientifically accurate and include a criminalization clause based on the National HIV/AIDS Strategy for the United States goals and the United States Department of Justice Civil Rights Division best practices.

HPV Talking Points – Keep out of the criminal law

HPV Talking points published by the HIV Modernization Movement-Indiana to support advocacy against bill attempting to add HPV to outdated HIV or STD criminal laws (other than the specific epi/medical/testing facts unique to HPV, many of these talking points would apply to attempts to add any additional communicable diseases to these criminal laws).