Overview
Cuba does not explicitly criminalise HIV non-disclosure, exposure or transmission, however it does maintain laws which prohibit the spread of diseases generally. The criminal law also allows for severely enhanced sentencing for certain offences if the defendant is known to have a sexually transmitted infection.
Article 232 of the Penal Code, ‘Propagation of Epidemics’, criminalises anyone who maliciously spreads or facilitates the spread of a disease with a penalty of three to eight years’ imprisonment. This provision also prohibits the violation of measures adopted by the health authorities for the prevention and control of diseases and epidemics, which is punishable by imprisonment for three months to one year and/or a fine.
Article 395 allows for an enhanced sentence of eight to twenty years for any person who, by using force, violence or intimidation, has sexual intercourse with another person, whether orally, anally or vaginally, if in addition they are known to carry a sexually transmitted disease.
To the best of our knowledge, there have been no reported cases of HIV criminalisation in Cuba.
Laws
Penal Code
Spread of epidemics
Article 232.1. Any person who contravenes the measures or provisions issued by the competent health authorities for the prevention and control of communicable diseases and programmes or campaigns for the control or eradication of serious or dangerous diseases or epidemics, shall be liable to a penalty of imprisonment for a term of six months to two years or a fine of two hundred to five hundred units, or both.
2. The same penalty shall apply to anyone who refuses to cooperate with the health authorities in areas of the national territory where any communicable disease takes on serious epidemic characteristics or in neighbouring territories exposed to the spread of such disease.
3. Any person who maliciously spreads or facilitates the spread of a disease shall be liable to a term of imprisonment of three to eight years.
Penal Code
Article 395
Section 395.1. Any person who, by using force, violence or intimidation, has sexual intercourse with another person, whether orally, anally or vaginally, shall be liable to a term of imprisonment of between seven and fifteen years.
2. The same penalty shall apply if sexual intercourse involving the use of sufficient force, violence or intimidation is carried out using fingers, objects, things or animals, vaginally or anally.
3. The same penalty shall be imposed on anyone who commits the acts described in the preceding paragraphs against a person in a state of permanent or temporary mental disorder, or deprived of reason or consciousness, or unable to resist for any reason, even where the circumstances of force, violence or intimidation referred to do not apply.
The penalty shall be imprisonment for a term of fifteen to thirty years or life imprisonment if:
a) The offence is committed by a person who, at the time of the offence, has a criminal record for a similar offence;
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d) as a result of the offence, the victim suffers serious injury or lasting consequences; and
e) the perpetrator is aware that they are a carrier of a sexually transmitted disease.
6. A person who has sexual intercourse with a person under the age of twelve shall be liable to the same penalty as that provided for in the preceding paragraph, even if the circumstances set out in the preceding paragraphs do not apply.
Acknowledgements
HIV Justice Network's Positive Destinations
Visit the Cuba page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.