Is it illegal to spread HIV?

  • Posted by a hidden member.
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    Apr 23, 2012 1:40 AM GMT
    Are there any states where it is illegal to spread HIV? (illegal not to tell your sex partner you have it?)
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    Apr 23, 2012 2:35 AM GMT
    Wouldn't it be enough that it would be immoral not to tell a partner?

    This has to be the stupidest question of all the stupid questions possible. Seriously. What is the point? Are you looking for the state with no law against spreading HIV so you can move there and not tell your partners?

    Stupid stupid stupid.
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    Apr 23, 2012 2:39 AM GMT
    You would have to look up the law in each state. The laws are usually put in place because of cases where people where intentionally trying to spread HIV. It happens. I'm not sure how difficult it would be to prove someone was trying to spread HIV unless they openly admitted it, which again, happens sometimes.
  • MCIC

    Posts: 211

    Apr 23, 2012 2:40 AM GMT
    smartmoney saidWouldn't it be enough that it would be immoral not to tell a partner?

    This has to be the stupidest question of all the stupid questions possible. Seriously. What is the point? Are you looking for the state with no law against spreading HIV so you can move there and not tell your partners?

    Stupid stupid stupid.


    +1
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    Apr 23, 2012 2:50 AM GMT

    It seems to be a criminal offence in other places ( this article comes from South Australia)

    http://www.abc.net.au/news/stories/2011/06/21/3249544.htm?site=adelaideE

    Long and short of the article= Man receives a suspended sentence after concealing HIV status from three women.

    The charge is 'endangering life'.
  • Bunjamon

    Posts: 3161

    Apr 23, 2012 2:53 AM GMT
    In most places, it is illegal for an HIV+ person to knowingly have sex with a HIV- person with the intent of giving them the AIDS virus. It'd be considered a kind of reckless endangerment.

    However, to my knowledge, it is not illegal anywhere for an HIV+ person to have sex with a HIV- person. A person is not legally obligated to disclose his or her status to anyone, either.
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    Apr 23, 2012 2:55 AM GMT
    smartmoney saidWouldn't it be enough that it would be immoral not to tell a partner?

    This has to be the stupidest question of all the stupid questions possible. Seriously. What is the point? Are you looking for the state with no law against spreading HIV so you can move there and not tell your partners?

    Stupid stupid stupid.


    Meow. I thought it was a pretty legit question. Put your claws away. I have seen far worse (and obvious) troll threads....
  • Posted by a hidden member.
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    Apr 23, 2012 3:00 AM GMT
    Bunjamon saidA person is not legally obligated to disclose his or her status to anyone, either.
    HIV+ people are in NC ...

    http://www.bilerico.com/2008/09/man_prosecuted_for_hiv_non-disclosure.php

    However, prosecutions are rare and as I recall usually involve unsafe sex.
  • NYCAthlete

    Posts: 132

    Apr 23, 2012 3:02 AM GMT
    It seems that this question could use some context.
    Are you asking because you want to know if you have a legal obligation to tell your partners? Or are you asking because you've heard of the court cases that have occurred world-wide where men have gone to jail for knowingly spreading the virus?

    I think it's a legit question but it depends why you're asking.

    You should always be honest with your partners, no matter what the law requires.

    If you're just curious about the law you'll have to do your research.
  • Posted by a hidden member.
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    Apr 23, 2012 3:03 AM GMT
    "In most states, yes, it is illegal if you are aware that you have the virus and do not disclose it to your sexual partner. Some states consider it "attempted homicide", some consider it "premeditated murder, while others consider it "endangerment". "
  • dyslogistic

    Posts: 24

    Apr 23, 2012 3:03 AM GMT
    As someone who is both legally qualified and works in HIV research, the OP's question was completely legitimate and didn't warrant a vitriolic response.

    In the EU, it varies, but broadly speaking you can be prosecuted for knowingly transmitting HIV, but a lot of states haven't actively criminalised such activities. In the UK, you'd be tried for committing grievous bodily harm.

    In the US it's more complicated as it is regulated at a state rather than federal level, but again, broadly speaking, someone knowingly transmitting would be prosecuted.

    However, the flip side is that a number of groups advocate for the criminal transmission of HIV to be repealed as it is thought to contribute to the sigma surrounding HIV-infected individuals. But that's a long discussion for another time...

    Yet, as far as I know, there remains no legal obligation to divulge your status to your partner should you be practicing safe sex.
  • Posted by a hidden member.
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    Apr 23, 2012 3:23 AM GMT
    in fact, this is a very good question and the jury is still out. it differs from state to state, country to country. for current news, you should search "HIV criminalization" or "HIV disclosure" for latest legal developments in your area.

    In general however, I believe that in most US states, an HIV+ person may be charged and found guilty if criminal intent can be proven, as well as for reckless endangerment or some application of assault with a deadly weapon.

    in the UK, you can be charged with assault or grievous bodily harm only if HIV transmission has occurred; not simply if there was no disclosure, nor if there was exposure to HIV but no transmission occurring.

    In Canada things were more strict. people have been criminally charged for not-disclosing their HIV+ status and exposing others to a risk without their consent, regardless if transmission of the virus occurred or not. this has ranged from charges of assault to murder.

    Many of these statutes or legal practices were formed years ago, and in many places it is in the process of being updated, given that laws have been unequally applied, and recent clinical evidence shows that people on effective HIV treatment are some 96% less infectious than people who are not on anti-retroviral treatment.

    Many local AIDS service organisations are advocating against the criminalization of HIV in order to provide a balance point between public health concerns and an HIV+ person's right to privacy. they argue that being HIV+ is not a crime but that HIV+ are often treated as criminals. they indicate that strict legal processes around HIV disclosure often has a negative, opposite effect of good prevention and education campaigns because they create fear and therefore deepen HIV stigma, discouraging people from seeking out their HIV status, and it may creating a lop-sided sense of responsibility resting only on the HIV+ person.
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    Apr 23, 2012 3:28 AM GMT
    crystalballer said"In most states, yes, it is illegal if you are aware that you have the virus and do not disclose it to your sexual partner. Some states consider it "attempted homicide", some consider it "premeditated murder, while others consider it "endangerment". "

    THIS*^^^^^^^^^
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    Apr 23, 2012 4:41 AM GMT
    Bunjamon saidIn most places, it is illegal for an HIV+ person to knowingly have sex with a HIV- person with the intent of giving them the AIDS virus. It'd be considered a kind of reckless endangerment.

    However, to my knowledge, it is not illegal anywhere for an HIV+ person to have sex with a HIV- person. A person is not legally obligated to disclose his or her status to anyone, either.


    Yes, they are.
  • Posted by a hidden member.
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    Apr 23, 2012 6:53 AM GMT
    If you know that you're HIV + and you have unprotected sex with someone it's called bodily harm.
  • gallus81

    Posts: 350

    Apr 23, 2012 8:19 AM GMT
    no such thing as a stupid question.
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    Apr 23, 2012 9:04 AM GMT
    tanlejos said
    It seems to be a criminal offence in other places ( this article comes from South Australia)

    http://www.abc.net.au/news/stories/2011/06/21/3249544.htm?site=adelaideE

    Long and short of the article= Man receives a suspended sentence after concealing HIV status from three women.

    The charge is 'endangering life'.


    Yup, here in Australia if you have unprotected sex and you're HIV+ then you have to disclose that (I think....I don't know the ins and outs of the specific law but there have been some cases around that).
  • Posted by a hidden member.
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    Apr 23, 2012 9:28 AM GMT
    Bunjamon saidIn most places, it is illegal for an HIV+ person to knowingly have sex with a HIV- person with the intent of giving them the AIDS virus. It'd be considered a kind of reckless endangerment.

    However, to my knowledge, it is not illegal anywhere for an HIV+ person to have sex with a HIV- person. A person is not legally obligated to disclose his or her status to anyone, either.


    Yes they are required by state law in MI to inform their sexual partner if they are HIV +.
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    Apr 23, 2012 6:00 PM GMT
    Trollileo said
    smartmoney saidWouldn't it be enough that it would be immoral not to tell a partner?

    This has to be the stupidest question of all the stupid questions possible. Seriously. What is the point? Are you looking for the state with no law against spreading HIV so you can move there and not tell your partners?

    Stupid stupid stupid.
    This is actually an interesting question. Not stupid. Even if it were stupid, there have definitely been a plethora of much more questionably intelligible inquiries. I see no reason to consider this one "stupid."

    Wow.
    I have not been on this site as long as you, but I have read a lot of people's questions over the years on a variety of subjects, and this one just struck me as one of the dumbest in a long time.
  • Posted by a hidden member.
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    Apr 23, 2012 6:06 PM GMT
    it should be..

    i mean its practically murder if you spread it.
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    Apr 23, 2012 6:22 PM GMT
    In Texas an HIV+ man was sentenced to 35 years in prison in 2008 for spitting on a police officer, his saliva declared a deadly weapon, despite the CDC saying there are no known cases of HIV transmission via saliva. Nor did the officer contract HIV.

    http://www.nytimes.com/2008/05/16/us/16spit.html
  • Posted by a hidden member.
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    Apr 23, 2012 6:32 PM GMT
    anyone who knowingly spreads HIV/AIDS intentionally should be put to death.
  • Posted by a hidden member.
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    Apr 23, 2012 6:51 PM GMT
    This isn't a stupid question to ask,

    But morally if you or your partner have it, it should be stated before sexual intercourse.

    For some people though, would you rather ask for documentation that they're clean or risk it because you're too nervous to ask them?
  • Posted by a hidden member.
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    Apr 23, 2012 7:07 PM GMT
    It's illegal to spread any STD with knowledge of having it, and not telling the partner. If you give someone an STD or HIV, and you know about it, they can sue you.
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    Apr 23, 2012 9:31 PM GMT
    The answer to the OP's question depends on what state you're in - if it occurred in the US or outside of US.

    I personally believe there should be some form of consequence if someone INTENTIONALLY attempts to infect another with HIV whom is oblivious of their status or deceived.

    The difficulty is that this becomes a logistical nightmare in attempting to prove "X" person's intent.

    There would need to be quantifiable & tangible evidence beyond suspicions to reach a definitive conclusion on such an incorrigible act.

    In addition to this quandary, there are members within the LGBTQ community whom are HIV+ and are aware of their status and practice safer sex. HIV+ members could be easy targets from their sexual partners if one of them later on becomes HIV+ even if they weren't the one to introduce it to them.

    That could be, in of itself, it's own pandora's box.

    I personally think this is a great question. And one that needs to be discussed more than it is. I would like to believe that people have other people's health & interest in their best interest; however, I've learnt that my naiveté gets in the way of rational thought quite often.

    Anyways, here's a link that delves into this subject with greater length.
    Criminal Transmission of HIV