Listing of some U.S. HIV prosecutions by case name (to 2013), (pages 7-9)
Criminal laws on sex work and HIV transmission: Mapping the laws, considering the consequences
Presents a public health law mapping of U.S. states that mandate HIV testing and criminalize HIV positive sex workers. Shows HIV transmission and exposure laws interact with sex work laws to compound criminal penalties for people charged with prostitution related crimes. Argues that decriminalization of sex work and HIV transmission and exposure is integral to effectively address the HIV epidemic.
Prevalence and public health implications of state laws that criminalize potential HIV exposure in the United States
Describes the prevalence and characteristics of laws criminalizing HIV exposure across the U.S., examining the implications of these laws for public health practice. Finds that nearly two-thirds of states have legislation criminalizing potential HIV exposure, including behaviours that pose low or negligible risk. States are encouraged to re-examine HIV-specific laws (referencing current science) and consider whether current laws are the best vehicle to achieve their intended purposes.
When Sex is a Crime and Spit is a Dangerous Weapon: A Snapshot of HIV Criminalization in the United States
Map by the Center for HIV Law and Policy showing details of U.S. states with HIV specific laws, HIV-related prosecutions, sentence enhancement provisions, and sex offender registration.
Comparative Sentencing Chart on HIV Criminalization in the United States
This chart, published by the Center for HIV Law and Policy in 2012, compares U.S. legislation on sentencing for HIV exposure, non-disclosure, and transmission with laws punishing drinking and driving, reckless endangerment of others, and vehicular homicide, showing HIV exposure frequently carries far higher sentences than more dangerous crimes.
State-by-State Chart of HIV – Specific Statutes and Prosecutorial Tools
This chart from the Center for HIV Law and Policy, developed in 2013 and last updated in 2017, details each U.S. state’s HIV-specific laws in relation to various areas including spitting, biting, sharing needles, sex, and sex work, as well as HIV-specific sentence enhancement.
Should it be illegal for HIV-positive persons to have unprotected sex without disclosure? An examination of attitudes among US men who have sex with men and the impact of state law
Describes the overall pattern and predictors of attitudes toward criminalizing unprotected sex without disclosure by people with HIV. Examines whether attitudes and sexual risk behaviours differ in states with or without HIV-specific laws. Found most respondents believed it should be illegal for persons living with HIV to have unprotected sex without disclosure, however, attitudes did not vary by state law, suggesting HIV-specific laws do not deter high-risk sexual behaviour.
HIV seropositive status disclosure to prospective sex partners and the criminal law that require it: Perspectives of persons living with HIV
Reports on HIV-positive persons’ focus group discussions about Michigan’s HIV disclosure law. Themes included perceived responsibility to prevent infection, concern about unwanted secondary disclosure of HIV-positive status, fear of being falsely accused of violating HIV disclosure law, and perceived vulnerability of HIV-positive persons within the US legal system. Although many agreed with the purpose of the HIV disclosure law, there was considerable concern about the negative impact of the law on persons living with HIV.
Opening Ceremony, HIV Is Not A Crime Conference
Includes highlights from the opening ceremony of the first-ever conference on HIV criminalization in the U.S. (HIV is Not a Crime) attended by more than 170 people from 27 states.
Why Are We Putting People In Jail For Having HIV? First: HIV Criminalization A Grassroots Guide To HIV Criminalization: Facts, Foolishness And Solutions
This guide developed by The Center for HIV Law and Policy and National Center for Lesbian Rights in 2015 outlines the basics of HIV criminalization, medical facts, how criminalization exacerbates stigma, issues with HIV laws, and how people can advocate for change. Includes useful links.