State-by-State Chart of HIV-Specific Laws and Prosecutorial Tools

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State-by-State Chart of -Specific s and Prosecutorial Tools 34 States, 2 Territories, and the Federal Government have -Specific Criminal s Last updated August 2017 -Specific Criminal? Each state or territory, in addition to the federal government, that has an -specific misdemeanor or felony law for one or more of the behaviors below qualifies as a state or territory an -specific law (37 total) i Organ/ work/ Statute for -Specific Alabama Alaska F law ii V = law under criminal code F = Arizona Arkansas F It is also a misdemeanor to receive medical/dental care out disclosing positive status. California F Colorado F Connecticut A person housed in a correctional facility may be barred from release based on infection a venereal disease Delaware F District of Columbia Florida F iii (F) Georgia F Hawaii Idaho F Illinois F Indiana iv F/M Iowa F/M Kansas (F) Kansas has a broad communicable disease law in its criminal code that makes it a felony to expose another to a life- threatening communicable disease. Kentucky F / M Louisiana F (I, M) Maine felony laws used to people

-Specific Criminal? Each state or territory, in addition to the federal government, that has an -specific misdemeanor or felony law for one or more of the behaviors below qualifies as a state or territory an -specific law (37 total) i Organ/ work/ Statute for -Specific law ii V = law under criminal code, not specific F = felony laws used to people Maryland M Maryland has a broad exposure law that can be applied to any sort of exposure. Massachusetts F Massachusetts has a broad sentence enhancement law that has been applied to. Michigan F Michigan allows sentence enhancements where sexual assault victims are exposed to s, including, but is not specific Minnesota (F) Mississippi v F / M Mississippi has a broad exposure law that can be applied to any sort of exposure. Missouri F Missouri also allows subsequent positive tests for other s to trigger prosecution out a complaining witness. Montana Nebraska vi F Nevada F Nevada has a broad exposure law that can

-Specific Criminal? Each state or territory, in addition to the federal government, that has an -specific misdemeanor or felony law for one or more of the behaviors below qualifies as a state or territory an -specific statute (37 total) i Organ/ work/ for - Specific law ii V = law under criminal code, not specific F = felony laws used to people be applied to any sort of exposure. New Hampshire New Jersey vii F New Mexico New York North Carolina M North Carolina has an -specific health code section whose violation is a misdemeanor that can lead to up to two years incarceration. North Dakota F Ohio F Oklahoma F (F) Oregon (F) Pennsylvania F Rhode Island South Carolina F South Dakota F Tennessee F Tennessee also has an -specific quarantine law Texas Utah F Vermont (F) Virginia viii F / M (F/M) Washington F Washington has a broad exposure law

-Specific Criminal? Each state or territory, in addition to the federal government, that has an -specific misdemeanor or felony law for one or more of the behaviors below qualifies as a state or territory an -specific law (37 total) i Organ/ work/ for - Specific law ii V = law under criminal code, not specific Misdemean or F = West Virginia Wisconsin ix F Wyoming American Samoa Guam F Northern Mariana Islands felony laws used to people that could include many types of contact. Puerto Rico U.S. Virgin Islands F Federal, F including U.S. Military Totals: 25 16 17 23 13 10 36 4 21 2 6 23 i Of these 37, 34 have felonies (or relate to felony convictions in the case of sentence enhancement laws). Maryland has a misdemeanor law and North Carolina has an analogous public health code whose violation can lead to up to two years imprisonment. ii The only laws included in this category are those under the public health codes that impose criminal punishment for exposure or transmission of s including or s in general. These laws are predominantly misdemeanors. However, Kansas and Minnesota both have broad felony statutes that criminalize intentional exposure to life threatening disease in the case of Kansas, and knowing transfer of communicable disease in the case of Minnesota. Both statutes have been used against people living. Crimes, like those listed here, are classified according to seriousness, starting infractions and increasing to felonies. III Florida defines sexually transmitted infections differently in different statutes and it is not clear which the misdemeanor statute incorporates. At least one statutory definition of includes. IV Indiana s felony exposure statute also includes hepatitis B. v Mississippi s felony exposure statute also includes hepatitis B and hepatitis C. vi Nebraska s felony exposure statute also includes hepatitis B and hepatitis C. vii New Jersey s Diseased person committing an act of sexual penetration statute includes chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases in one section and includes in the next section, as a more serious offense.

viii While Virginia s donation statute applies to exclusively, the Infected ual Battery statute includes syphilis and hepatitis B in addition to. ix Wisconsin s aggravating factors statute includes by name, and then generally sexually transmitted disease.