HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, The Center for HIV Law and Policy (2017)

CHLP Original Publication | Guides (Legal or Medical)

This resource for lawyers and community advocates outlines punitive laws, policies, and cases affecting people living with HIV (PLHIV) and other communicable diseases in all fifty states, the military, federal prisons, and U.S. territories. It may be used as an aid for attorneys of PLHIV prosecuted for “HIV exposure” or non-disclosure of HIV status, as well as for advocates who want to reform the HIV criminal laws in their state.

The HIV Criminalization Sourcebook includes the text, related case law, and analysis of statutory provisions that:

1. criminalize non-disclosure of HIV status or exposure of a third party to HIV;
2. make exceptions to confidentiality and privacy rights of PLHIV;
3. provide for sentence enhancements for PLHIV convicted of underlying crimes such as prostitution and solicitation; and
4. require sex offender registration for PLHIV.

The HIV Criminalization Sourcebook also includes punitive provisions and restrictive measures for people with other sexually transmitted infections (STIs) and communicable diseases. Such provisions may include mandatory testing, quarantine, and isolation. For more information on the Sourcebook’s contents and how to use it, check the introduction on page 1.