Criminalizing The Transmission of HIV

Infecting a person deliberately or recklessly with HIV (Human Immunodeficiency Virus) is considered a criminal act by the United States and some other countries. A person can be charged with Criminal Transmission of HIV for such act. Other criminal charges like murder, attempted murder, assault, or manslaughter can also be filed against a person if found guilty.

Why HIV?

HIV is not the only sexually transmitted disease out there. We have gonorrhea and syphilis infections, just to name some. But why is it that only HIV transmission was criminalized? The answer to that question is that unlike other sexually transmitted diseases – HIV is fatal.

How is HIV transmitted?

There are different ways on how a person can be infected with HIV. One of the most common ways of transmission is through sexual intercourse. Having unsafe (without the use of condoms) sexual intercourse with an infected person can transmit the disease.

HIV can also be transmitted through blood transfusion and blood donation. 90% of HIV infection is through blood transfusion and blood donation.

The use of unsterile and infected objects such as used syringes or needles is one way of transmitting HIV. This is very common with junkies (drug users) and tattoo parlors where needles are used over and over again.

An HIV infected mother may also transmit the disease through breastfeeding. During a surgical or invasive procedure, infected instruments can transmit HIV. Transmission may also occur during an organ transplant procedure if the organ was donated by an infected donor.

Committing Criminal Transmission of HIV

A person can be charged with Criminal Transmission of HIV if the person knows he is positive for HIV and does the following acts:

a)     To have intimate contact with other persons

b)     Donation of blood

c)     Organ donation

d)     Sperm Donation

e)     Sharing of needles with other persons (such as in drug usage)

Penalty

If a person is convicted of criminal transmission of HIV he / she will be given a fine of not less than ten thousand dollars, imprisoned for not less than one year and not more than ten years, or both.

A person can not be charged with criminal transmission of HIV if both parties know of the situation and still go through with the act that could possibly transmit HIV to the uninfected party. For example Bob is infected with HIV. He and his girlfriend decided to be physically intimate with each other. Bob tells her girlfriend of the situation but the girlfriend still agrees to do it. Bob then would not be convicted of criminal transmission of HIV. The same goes with the sharing needles; as long as all parties know of the situation and still pushes through with the act, then no one is liable to be convicted.

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