Georgia

Number of reported cases At least 2 How do we calculate the number of cases

Overview

Georgia has both an HIV-specific law, enacted in 1995, mandating disclosure to sexual partners, as well as specific provisions in the Criminal Code under Article 131. An amendment to the Criminal Code was approved in 2006 that allowed for prosecution of both HIV exposure and transmission in the absence of disclosure.

Exposure and transmission of other sexually transmitted infections can be prosecuted under separate legislation, Article 132.

There have been two known prosecutions, both resulting in convictions. In both cases the individuals were heterosexual men.

Laws

Law of Georgia On HIV Infection/AIDS

HIV-specific criminal law (active)
Year enacted
1995
Relevant text of the law

Article 11 – Duties and responsibilities of persons infected with HIV and/or ill with AIDS

1. Persons infected with HIV and/or ill with AIDS shall be liable if creating a threat of infecting persons and transmitting AIDS to other persons as provided for by the legislation of Georgia.

2. Persons infected with HIV and/or ill with AIDS who know about their HIV positive status are obliged to inform their spouse and/or sex partner about their HIV infection in a prescribed manner.

 

The Criminal Code of Georgia

General criminal law (active)
Year enacted
2006
Relevant text of the law

Chapter XXI

Endangering Human Life and Health.

Article 131 “Infecting with AIDS”:

Part 1. Creating a threat of intentional infection of another person with AIDS, – is punished by imprisonment for up to three to five years.

  1. Infecting intentionally other person with AIDS, – is punished by imprisonment for up to four to seven years.
  2. Infecting by negligence another person with AIDS when performing professional duties, – is punished by imprisonment for a term of two to five years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.
  3. The act provided for by paragraphs 1, 2 or 3 of this article committed:
  4. a) to two or more persons;

b) knowingly by the offender against a pregnant woman or a minor, – is punished by imprisonment for a term of five to nine years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years.

Article 132

1. Creating a threat of infecting other persons with particularly dangerous infectious diseases, – shall be punished by a fine or corrective labour for up to six months, or with imprisonment for up to a year.

 2. Infecting another person with a particularly dangerous infectious disease, – shall be punished by a fine or corrective labour for up to a year, or with imprisonment for up to two years.

3. The act provided for by paragraph 1 or 2 of this article committed:

a) to two or more persons;

b) knowingly by the offender against a pregnant woman or a minor, – shall be punished by a fine or imprisonment for two to five years.

Acknowledgements

Authors: Eurasian Women’s Network on AIDS (EWNA)
Regional HIV criminalisation report that summarises the state of play regarding HIV criminalisation laws and known prosecutions in the EECA region.

This information was last reviewed in March 2020