HIV Criminal Law Reform, Before and After: North Dakota, CHLP (2026)

This resource provides a concise overview of the implications of the 2025 repeal of North Dakota’s HIV criminal offense. It explains what the law was before 2025, including how North Dakota specifically criminalized people living with HIV for certain sexual activity and syringe sharing without requiring intent to transmit HIV, significant transmission risk, or actual transmission. It then outlines what changed under House Bill 1217, which fully repealed the state’s HIV-specific exposure offense. Finally, it describes how people could still be criminalized, including under the public health code, through enforcement of public health orders, or under general criminal laws that do not specifically mention HIV. Designed as an accessible resource for advocates and people living with HIV, it helps clarify both the significance of the repeal and the criminal liability that may still remain after reform.