![]() Also, does not apply to sperm donor covered by Cal. ![]() (Does not apply if person is mentally incompetent, donates blood for autologous donation, or self-defers his or her own blood under Cal. It is a felony for any person who knows that he or she has HIV to donate blood, body organs or other tissue, semen, or breast milk to any medical center, breast milk bank or semen bank. A person's knowledge of his or her HIV-positive status, without additional evidence, is not sufficient to prove specific intent.Īny person afflicted with any contagious, infectious, or communicable disease who willfully exposes him/herself to another person (and any person who willfully exposes another person afflicted with the disease to someone else) is guilty of a misdemeanor. ![]() We are sorry, but we do not feel that we have sufficient objective data to make a statement on this issue.Īny person who exposes another to HIV by engaging in unprotected sexual activity (anal or vaginal intercourse without a condom) when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony. Failure to do so is a class A misdemeanor. The emission of semen is not a required element of the crime.Ī person who is HIV positive must, prior to receiving any health care services of a physician or dentist, advise such physician or dentist that the person has HIV. It is a class A felony for a person who knows that he or she has tested positive for HIV to expose another to HIV (1) through the transfer of blood or blood products or (2) by engaging in sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, without first having informed the other person of the presence of HIV. Our Public Health section has chosen not to provide a quote at this time.Īlaska Department of Health and Social Services §§ 11.41.410-11.41.455 and the following factors are proven in accordance with this section: the defendant had been previously diagnosed as having or having tested positive for HIV, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV. The sentencing court may impose a sentence above the presumptive range if the offense was a felony sexual offense specified in Alaska Stat. The Alabama Department of Public Health encourages those infected with diseases which can be sexually transmitted to abstain from sexual contact with others, or to utilize safe practices to prevent transmission. The prosecution of such crimes is within the discretion of those with prosecutorial authority. The criminalization of certain acts by those infected with sexually transmitted diseases that do, or are likely to, transmit disease to others is a matter best determined by the state's legislature. ProPublica collected the health department statements between 20.Īny person afflicted with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will probably or likely transmit such disease to another person is guilty of a class C misdemeanor. But as the statements below show, state health authorities have mixed opinions about the effect of HIV-specific laws and prosecutions. In 2011, the National Alliance of State and Territorial AIDS Directors issued a policy statement, criticizing these laws and calling on its members to examine their effects. But critics say they thwart public health goals because they stigmatize the disease undermine trust in health officials, who are sometimes enlisted to assist with criminal prosecutions and fail to take into account the latest science surrounding HIV transmission. Supporters of these laws say they deter people from spreading the virus and set a standard for disclosure and precautions in an ongoing epidemic. 1, 2013Īt least 35 states have criminal laws that punish HIV-positive people for exposing others to the virus, even if they take precautions such as using a condom. By Sergio Hernandez, Special to ProPublica - Dec.
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