US: Lawmakers divided as New York revisits HIV criminalisation

HIV decriminalization bill to wait another year

Nearly 30 years after a rash of HIV cases made Chautauqua County national news, some state legislators are pushing to decriminalize people living with sexual transmitted infections who engage in consensual sexual activity.

It’s a debate that isn’t falling entirely along party lines in the state Senate. And, with the state legislative session ending before S.9822 could be taken up in the state Assembly, it’s a debate that will likely continue next year. The legislation has passed the Senate before in 2023-24 and again in 2025, but has yet to make it to the Assembly floor for a vote. That hadn’t changed through Thursday; the Assembly had yet to take the bill up before the end of the legislation session on Friday.

State Sen. George Borrello, R-Sunset Bay, railed against the legislation during a recent Senate debate while acknowledging Chautauqua County’s experience with criminalization of sexually transmitted diseases during consensual encounters, namely the 1990s controversy of Nushawn Williams. The former Jamestown resident, imprisoned after knowingly infecting at least a dozen women with HIV in the 1990s, is one of hundreds of sex offenders in New York still in custody despite – in Williams’ case – completing a 12-year prison sentence in 2010.

Under civil commitment laws, a judge or jury is able to determine whether a sex offender who meets the definition of a “sexually violent predator” should be released following their imprisonment or be placed in a secure facility for further supervision.

“His sexual conduct was intentional to infect more and more women,” Borrello said. “That’s what he did. He was finally convicted, but he created a public health crisis. One man created a public health crisis in Chautauqua County and went to prison for his actions. But this bill would no longer find him guilty.”

Sen. Julia Salazar, D-Brooklyn, took up sponsorship of S.9822 after the retirement of Sen. Brad Hoylman-Sigal. She said in her legislative justification that the state’s HIV and STI criminalization law found in state Public Health Law Section 2307, is at odds with modern public health policy. The section was first passed in 1909 to control the spread of venereal disease solely within the armed forces. During the World War II era combatting sexually transmitted infections became a national priority because, at the time, medical treatment took soldiers out of commission for months. In 1946, the legislature made the law applicable for the first time to the entire public. It hasn’t been changed since, and Salazar and other advocates to change the criminalization statute say criminalizing HIV and sexually transmitted infections make people fearful to get tested.

“We’ve heard many times appeals to false hypotheticals in arguments made in this chamber, but I’ve got to say the idea that any person would intentionally, deliberately seek to hurt another person solely by attempting to spread an STI strains credulity,” Salazar said. “It is absurd and cruelty to individuals living with an STI to suggest this. It is not actually possible any more than it would be for me if I were to contract COVID to deliberately direct that virus to attack another person. … Additionally, we know this cruel law harms women, particularly survivors of intimate partner abuse. Abusers frequently weaponize HIV, criminal laws like this existing law, that we’re repealing by threatening false exposure claims to control or punish their partners. This is well documented.”

Williams’ case is often discussed by advocates including by organizations like the Center for HIV Law, which noted on its website that Williams’ case marks the first and only time in New York state, and possibly the country, that a person has been civilly confined based largely on HIV status. That is partially true, though the case law doesn’t mention Williams’ HIV status or the fact that Williams infected so many girls with HIV in the 1990s. The Fourth Department Appellate Division has ruled several times over the past 10 years that the evidence used to convict Williams is legally sufficient to support the verdict that Williams has a mental abnormality that predisposes him to the commission of conduct constituting a sex offense and that results in him having serious difficulty controlling that conduct. That opinion was upheld in 2021 and again in 2023, when the Fourth Department Appellate Division confirmed the state “presented legally sufficient evidence that petitioner has serious difficulty controlling his behavior within the meaning of the Mental Hygiene Law. Respondents’ expert testified that petitioner had not made sufficient progress in treatment; that he failed to address his sexual deviance, which included a desire to have sex with underage girls; and that he failed to recognize how his substance abuse was related to his sexual offenses.”

Salazar counters that there are no research or data supporting the idea that laws criminalizing diseases do anything to lower transmission rates or encourage treatment or disclosure of one’s status. She also argues that Public Health Section 2307 has had a disproportionate effect on communities of color, particularly LGBTQ communities of color.

Senator Stephen Chan, R-Brooklyn, wasn’t convinced. He said during his career as a police officer he and his partner charged a man who had been released from jail after serving 17 years for a manslaughter conviction. The man was charged with first-degree rape, and then told Chan and his partner that the man had AIDS, a diagnosis that was confirmed after a court-ordered test.

“So yes, the notion of somebody that wants to intentionally give something these sexually transmitted diseases are real, and I will be voting down on this bill,” Chan said.

USA: Louisiana narrows HIV exposure law after years of advocacy

Louisiana enacts significant reform of HIV exposure law

Years of advocacy pave the way for historic reform as Louisiana takes a significant step toward ending HIV criminalization

(JUNE 2, 2026) – Louisiana took a significant step toward ending HIV criminalization after Governor Jeff Landry signed House Bill 808 (HB808) into law on May 15, 2026. The legislation narrows the state’s HIV exposure law by limiting prosecutions to conduct that poses a substantial likelihood of transmission and creates new protections for people living with HIV (PLHIV).

HB808 amends Louisiana’s exposure law (La.R.S. 14:43.5). Introduced by Rep. Wayne McMahen on February 27, 2026, the bill passed both chambers unanimously before being signed into law – a first for an HIV criminalization reform measure in the South. It will go into effect on August 1, 2026.

The law limits prosecutions to conduct involving a “substantial likelihood of transmission,” defined as contact involving blood, semen, or vaginal fluid that presents a significant probability of HIV transmission. It also excludes conduct posing only a negligible, theoretical, or medically unrecognized risk of HIV transmission.

HB808 further establishes an additional affirmative defense for PLHIV who disclose their status and maintain an undetectable viral load.

“These reforms represent an important step towards eliminating the threat of HIV criminalization, but decriminalization efforts in Louisiana will continue,” said Sean McCormick, CHLP Staff Attorney. “CHLP will remain a steadfast partner in implementing these reforms and pushing for additional changes to punitive laws targeting PLHIV in Louisiana.”

Prior to HB808, Louisiana’s HIV exposure law – enacted in the early years of the HIV epidemic – was among the harshest in the country and did not account for actual transmission risk. As a result, PLHIV could face prosecution for conduct such as biting or spitting despite posing a nonexistent or negligible risk of transmission. By incorporating current scientific understanding of HIV transmission, the new law better aligns state policy with medical evidence and helps prevent prosecutions based on conduct that poses little to no risk of transmission.

The passage of HB808 represents years of grassroots-driven advocacy and collaboration. CHLP’s Positive Justice Project (PJP) has a longstanding relationship with the Louisiana Coalition on Criminalization (LCCH), the group leading the state’s decriminalization work. For nearly a decade, LCCH has worked to restrict the exposure law’s reach through policy change and minimize its negative impact by educating decision-makers and community members.

Recent advocacy efforts included a 2023 study resolution (HR130) directing lawmakers to examine the public health impacts of HIV criminalization. That process produced both a 2024 task force report and a community-led study documenting the need for reform. In 2025, LCCH and other advocates successfully defeated HB76, a proposal that would have added criminal penalties for people living with other STIs. That campaign resulted in a house resolution and helped lay the groundwork for the reforms enacted through HB808.

Throughout this work, PJP provided legal and policy technical assistance to LCCH, including educational sessions for PLHIV on ways to reduce their likelihood of prosecution and training modules on effective decriminalization advocacy. Consistent with prior legislative sessions, in 2026, PJP drafted bill language, crafted summaries and talking points, and strategized on emergent developments.

While HB808 significantly narrows the law’s reach, HIV exposure remains criminalized in Louisiana. Advocates view the legislation as an important step toward full repeal and will continue working to eliminate laws that single out PLHIV for criminal penalties.

Cyprus: Draft law could end HIV criminalisation in Cyprus

Science over stigma: Inside the push to decriminalise HIV transmission in Cyprus

Cyprus is on the verge of decriminalising HIV transmission, with a draft law approved by the National AIDS Committee now waiting for the Minister of Health to bring it before the Council of Ministers.

The AIDS Solidarity Movement (“the Movement”), an active member of the National AIDS Committee since 2016, drafted the proposal alongside the National AIDS Committee and the Ministry of Health to align Cypriot legislation with modern science.

At the heart of the reform is the globally accepted principle of Undetectable equals Untransmittable (U=U): people on HIV treatment achieve an undetectable viral load and thus cannot pass the virus to sexual partners, even without using condoms, and can naturally conceive HIV-negative children.

Founded in 1989, the Movement operates across four pillars: psychosocial support for people living with HIV, prevention, community empowerment and advocacy, and stigma reduction. Its prevention work encompasses Cy Checkpoint, the Cyprus PrEP Point, condom and lubricant distribution, DoxyPEP, and public awareness campaigns. It is, in effect, the main community-led infrastructure keeping Cyprus’s HIV response connected to its most vulnerable populations.

“The medical targets are succeeding, but our societal targets regarding stigma still need work,” the Movement’s President, Christos Krasidis, told en.philenews. “Public perception is frequently stuck in an outdated 1980s narrative, whereas the clinical and therapeutic reality has completely changed.”

That gap between science and public understanding is precisely what advocates say makes legal reform urgent. Criminalising transmission under conditions that medical consensus deems impossible to transmit sends a message, the Movement argues, that contradicts both the science and the rehabilitation of HIV in public life.

Cyprus’s public health record on HIV is, by international standards, exceptional. Healthcare frameworks across the island have officially surpassed the United Nations’ 95-95-95 targets for diagnosing and treating HIV, with national data showing the country has passed the 98 per cent mark in key tracking criteria, including viral suppression. The targets refer to 95% of all people living with HIV knowing their HIV status, 95% of all people diagnosed with HIV infection receive sustained antiretroviral therapy (ART) and 95% of all people receiving antiretroviral therapy have viral suppression.

The Movement attributes much of this to its community-led infrastructure, centred on Cy Checkpoint, a free anonymous rapid-testing hub launched in 2015, and the Cyprus PrEP Point, which advises the public on Pre-Exposure Prophylaxis.

The checkpoint operates on a peer-to-peer model rather than a clinical setting, following international and European best practices. Visitors are met not by formal medical authorities but by peers from the community.

Testing is free, anonymous, and uses a simple finger-prick blood test that delivers precise results on the spot. Crucially, unlike testing through the national health system, where results are permanently logged into a central GHS database, Cy Checkpoint does not register identities — if a rapid test returns a reactive result, it serves as a starting point to link the person to care rather than entering them into a permanent state registry, something that would deter many individuals.

The Movement says roughly one-third of people who walk in are getting tested for the first time, and many explicitly choose the community space over public hospitals to protect their anonymity. The 95-95-95 achievement also reflects close collaboration with the specialised HIV clinical care system at the Gregorios HIV Reference Clinic.

“People do not come to us because we hold authority over them,” Krasidis said. “They come because we communicate on the same level, offer clear choices, and give personal health responsibility back to the individual without judgment.”

The epidemiological picture has shifted significantly since the Movement was established in 1989. Targeted awareness campaigns have successfully reduced new diagnoses within the LGBTQI population, to the point where transmission rates are now lower within that community than among heterosexual demographics. Public health strategies have since shifted focus to heterosexual groups.

Yet, the Movement warns that a persistent myth — that HIV is exclusively a concern for gay men — continues to deter heterosexual individuals, particularly those aged 45 and above, from seeking testing even when engaging in unprotected sex.

“We need the wider public to understand that vulnerability to the virus is universal,” Krasidis said. “Once the heterosexual population breaks through the historic stigma and understands that HIV can affect anyone, routine testing can become a normalised healthcare habit for everyone. In this context, criminalisation of HIV transmission acts as a barrier and further fuels stigma. This is why we must change these laws.”

Access gaps run deeper still. Asylum seekers and migrants face language barriers and legal instability that cut them off from care. People engaged in chemsex — the sexualised use of substances find state drug rehabilitation centres ill-equipped to handle the intersection of substance use and sexual health. Transgender individuals, sex workers, and women face distinct forms of local stigma that frequently cause them to be hesitant or unable to seek care from healthcare practitioners.

The Movement notes that many of the most vulnerable individuals carry parallel identities and that if a healthcare space fails to account for those facets holistically, it makes asking for support more challenging.

All of this work — the Cy Checkpoint, the popup clinics, the outreach at festivals, universities, and nightclubs — is carried out by a five-member board, one full-time staff member, one part-time employee, part-time Community Health Workers and a pool of volunteers. Cy Checkpoint receives no official or consistent state funding.

Its rapid tests and prevention work are kept alive by international grants from bodies including AHF, Mi-Health and EU-CORE. The Movement’s clinical psychology programme, which has run for 25 years, receives 80 per cent of its budget through annual Ministry of Health grants, but the frontline hub operates outside the state budget entirely.

“True equality in health access cannot depend on a single non-governmental organisation,” Krasidis said. “Personal doctors and general practitioners across GHS must be systematically trained in LGBTQI health and modern STI management so that no patient faces discrimination.”

Any member of the public can get tested every Tuesday afternoon, between 5-8 pm at the Cy Checkpoint’s Permanent Space in Nicosia. You can either book an appointment (through call or text at 99607005, or a message on Instagram & Facebook). Alternatively, you can walk-in without an appointment. Testing slots are every 20 minutes.

PopUps are also being organised, which you can follow by looking at Cy Checkpoint’s Monthly schedule on Instagram & Facebook.

The following outreach testing is also being conducted at:

International Condom Day (every February)
Femme-Fest (every May)
Spring European Testing Week (every May)
Cyprus Pride (every May/June)
Up-to-Youth Festival (every September)
United by Pride (every September/October)
European HIV/Hepatitis Testing Week (every November)

US: Arkansas’s outdated HIV laws fuel fear and deter people from getting tested and treated

Advocates call on Arkansas lawmakers to decriminalize HIV, fund treatment and prevention

As Arkansas tops another terrible list, this time as the state with the highest rate of HIV transmission, advocates are calling on Arkansas lawmakers to decriminalize the sexually transmitted disease and commit funding for prevention, treatment and education.

A coalition of people from community organizations including Central Arkansas Pride, Arkansas Rapps, Intransitive, Arkansas Black Gay Men’s Forum and Arkansas Queer Men United, along with several people living with undetectable HIV, gathered in the Old Supreme Court Room in the State Capitol before several Democratic state representatives on Monday.

Advocates argued that Arkansas’s HIV laws, which haven’t been updated since the 1980s, are outdated and create a culture of fear that prevents people from getting tested and treated for HIV. They asked lawmakers to commit $1.5 million from the state’s surplus of more than $367 million to HIV prevention, treatment and education.

Under Arkansas law, knowingly exposing another person to HIV is a Class A felony, punishable by up to 30 years in prison and a fine of up to $15,000. But critics like the Center for HIV Law and Policy say these woefully outdated laws are out of step with modern science, rooted in stigma and punish behavior that carries no or negligible risk of actually transmitting the disease.

With proper treatment, HIV can become undetectable in a person, meaning it can’t be transmitted to another person through sex, but Arkansas law doesn’t account for this.

“HIV criminalization laws like ours here in Arkansas are opposed by public health and national justice experts such as the National Alliance of State and Territorial AIDS Directors and the National Association of Criminal Defense Lawyers,” said Tian Estell, policy director of Intransitive. “We need to modernize and stop punishing people for having a virus.”

Tian added that “Black, transgender and non-binary individuals in the South are disproportionately impacted by HIV” due to other contributing factors like lack of housing, transportation and employment and limited or no access to healthcare.

“Discriminatory policies also generate and enhance stigma and fear, creating barriers to prevention and care,” Tian said. “Intransitive serves transgender people and migrants, and we’ve seen a rise in fear associated with HIV testing and disclosure of positive status”

HIV is a larger problem in Arkansas than in most states, and advocates argue our laws are only making it worse.

In 2019, the federal Health and Human Services Department started an initiative to end the HIV epidemic by 2030, identifying Arkansas as one of seven priority states where the burden of HIV is the highest.

“Arkansas continues to see new HIV diagnoses each year. In fact, Arkansas ranked number one in the highest increase of new HIV cases, seeing a roughly 67% spike since 2018,” said Raheem White, program director for Arkansas Rapps. “The burden does not fall equally. Black communities tend to carry a higher share of these diagnoses. Central Arkansas and parts of Northwest Arkansas show higher impact, while rural areas face a different challenge with fewer services and longer distances to care.”

Tommy Sproles, a community outreach organizer for Arkansas Rapps, said those numbers may not be representative of the full scope of cases in Arkansas, especially in rural areas.

“It’s a concern of ours that the numbers do not accurately reflect the real life experiences within those other parts of the state, such as the rural areas where we think that the numbers would be higher, but they’re going under-reported because of the lack of testing in those areas,” Sproles said. “As we’re talking about the data that we receive, what we’re basing our stuff on is the data that the Arkansas Department of Health actually receives, but that doesn’t even cover the full scope of everyone who is testing, if you’re not a clinic or a subcontractor for the Arkansas Department of Health, that data is not even being accumulated.”

Arkansas Rapps, for example, uses telehealth to connect people in Arkansas with testing, medication and preventative medicine like PrEP, which is up to 99% effective at preventing the transmission of HIV.

Advocates said criminalizing HIV and not funding its prevention costs Arkansas millions of dollars in both healthcare and incarceration.

“Pulaski County has the highest rate of HIV-criminalization arrests, with most other counties having only one or no arrests. This not only speaks to a disproportionate application of the law, but a significant waste of resources,” said Amber Kincade, a comprehensive prevention specialist with Engaging Arkansas Communities.

“According to data from the Arkansas Department of Corrections, from 2007 to 2023 the average sentence per count for the HIV-related convictions was 24 years. According to the fiscal year 25 Inmate Cost Report, the cost per incarcerated person a day was $74.46, which was a $4.03 increase from 2024. This means that a sentence of 24 years would cost the state roughly $652,272,” Kincade said. “The lifetime cost of treating HIV is estimated to be over $500,000. Therefore, for one case of a person living with HIV receiving such a sentencing, the cost will be over $1 million.”

Kincade added that Texas decriminalized HIV in 1994 and increased public health funding for prevention and testing.

“Texas has saved an estimated $500,000 in lifetime cost per case in HIV treatment,” Kincade said.

Sanjay Johnson, a man living with undetectable HIV, told lawmakers he was prosecuted in Pulaski County for knowingly transmitting HIV, despite the virus being undetectable in his system, in 2017.

“The language itself is damaging, because with that, people think that transmission actually occurred, which in my case was not the case. It never occurred at all,” Johnson said.

Johnson’s case lasted two years, and his lawyer got the charge reduced from a felony to aggravated assault with five years of probation. That’s despite Johnson’s medical records, which said he was undetectable, being shown in court, he said.

“You wonder why HIV is the only STD that someone can be charged for. Not gonorrhea, chlamydia, herpes, etc, etc. HIV is the only sexually transmitted disease that can be criminalized here,” Johnson said.

US: HIV Law reform bill moves forward in Louisiana legislature

Louisiana has one of the harshest HIV exposure laws. Lawmakers advanced a bill to modernize it.

A Louisiana House committee unanimously passed a bill that would increase protections for people living with HIV and align the law with the latest science.

A bill that seeks to tighten and modernize a state law against intentionally exposing another person to HIV is advancing in the Louisiana State Legislature.

The state’s intentional exposure law carries a penalty of up to 11 years in prison for a conviction. Currently, the law prohibits exposure “through any means or contact.” But doctors, public health researchers and advocates for people living with HIV say the broad language allows for people to be prosecuted for contact that can’t transmit the virus, such as biting, spitting or scratching..”

House Bill 808, which cleared the state House Committee on Administration of Criminal Justice on Wednesday (April 8), would maintain much of the existing law, including the penalties, but narrow and define the types of physical contact that could be considered criminal exposure to the virus.

If the bill passes, the law would be amended to prohibit contact that “posed a substantial likelihood of transmission.” That’s defined as contact with blood, semen, or vaginal fluid — the primary vessels for HIV transmission. Typically, HIV is transmitted through sex, sharing needles or from mother to child during pregnancy.

“This bill is about making sure Louisiana’s law is clear, fair, and grounded in current medical science while maintaining strong accountability,” Rep. Wayne McMahen, R-Minden, the bill’s author, told the House Administration of Criminal Justice Committee on Wednesday (April 8).

The bill is the latest effort to update Louisiana’s HIV law and align it with modern science over the past four years. Louisiana is one of a dozen states with laws specific to exposing or transmitting HIV.It’s also among the most punitive. People convicted under the law not only face potential prison time but are required to register as a sex offender for at least 10 years. After a decade, Louisiana allows people to petition to remove their names from the registry.

Public health experts maintain that state laws criminalizing HIV exposure hurt efforts to end the HIV epidemic. The laws further stigmatize and deter people from getting tested and treatment, undermining response to the epidemic, experts say.

Advocates say the broad nature of Louisiana’s current law also creates opportunities for abuse, as the threat of being reported under the law can be used as a coercive tool in relationships. Such threats have kept people in abusive relationships and loomed over child custody battles.

Dietz, the statewide coordinator for the Louisiana Coalition on Criminalization and Health, has helped lead the push to modernize the state’s HIV law.

“ We were asking for far less than we asked for last time,” said Dietz, whose group has put forward modernization bills similar to other states in the past. “ We don’t wanna see more people who are living with HIV severely criminalized for things that we know could never transmit HIV, and we want to protect people.”

In 2024, they worked with Rep. Aimee Freeman on a tabled bill that would have reduced the criminal penalties, added more exceptions and strengthened legal protection for defendants.

House Bill 808 would also explicitly allow people accused under the law to present their medical treatment for HIV as part of their defense.

Modern antiviral medical treatments prescribed to people living with HIV can also reduce the presence of the virus in their blood. With consistent use, the virus can’t be detected in a person’s blood, and therefore can’t be transmitted to anyone else.

The bill received unanimous support from the committee this week, but only after it was amended. The original version of HB 808 would have narrowed the law further to require the accused to have transmitted HIV, rather than simply exposing someone to the virus. The accused would also need to have specifically intended to transmit the virus.

But the Louisiana District Attorneys Association opposed the transmission requirement, McMahen said, so the language requiring intentional transmission was removed.

“At first I was a little disappointed that we went back to exposure,” McMahen said. “Some of the states around us have gone to intent to transmit, but I don’t think that’s where we’re at right now in our state.”

Louisiana District Attorneys Association Executive Director Zach Daniels said his organization was proud to work on updates to the HIV exposure law.

“We believe that this was a narrowly crafted and deliberate change which preserves protections for victims, while also expanding protections for criminal defendants,” Daniels said. “The changes strike a balance between those two interests while updating our language to better include modern medical understandings of HIV.”

Dietz agreed that the amended bill will still offer people living with HIV more protection for their medical condition than they’ve had in the past despite the changes. In the past year, Dietz has met more people living with HIV prosecuted under the law, including someone with HIV who served nine months in prison after giving oral sex. Because the bill does not criminalize sexual contact that carries very low or theoretical risk of transmission, exposure through oral sex would not be considered a crime, Dietz said.

“ HIV could never have been transmitted there,” Dietz said. “So this is a substantive move forward.”

Mexico: Proposal to repeal HIV criminalisation article in the State of Yucatan

Translated with Google translation. Scroll down for original article in Spanish.

Morena’s deputy, Clara Rosales Montiel, presented a reform initiative on public health and human rights, with the aim of eliminating discriminatory provisions and ensuring the comprehensive protection of people living with HIV.

The legislative proposal contemplates the repeal of article 189 of the Criminal Code of the State, so that the crime of “danger of contagion” is no longer considered. It also considers reforms and additions to the Law to Prevent and Eliminate Discrimination, in order to eradicate the criminalization of people living with the virus and strengthen an approach based on dignity, equality and human rights.

During her speech in the Tribune of the Plenary of the State Congress, Congresswoman Clara Rosales stressed that the criminalization of HIV in the Criminal Code responds to an obsolete punitive logic that, far from preventing its transmission, deepens the stigma, discourages the appropriate diagnosis and puts people’s lives at risk.

In that sense, he recalled that Yucatan remains among the entities with the highest incidence of HIV in the country, occupying the third place national, hence the importance of comprehensive care.

The initiative also proposes changes to the Law to Prevent and Eliminate Discrimination, modifying language to ensure respect for privacy, sexual orientation and gender identity of people living with HIV, as well as ensuring dignified treatment in all areas, including work and education.

During the session, the deputy was accompanied by representatives of civil society, activists, specialized organizations and people living with HIV, who supported this proposal from its wording to its presentation in the legislative campus.

Among them, the participation of the S3D A.C. Collective, the Digna Ochoa Research Center of the Human Rights Commission of the State of Yucatan (Codhey), members of the State HIV Committee and Dr. Dulce María Cruz, head of the HIV, AIDS, HCV and other STI Program in the entity.

Finally, Clara Rosales reiterated her commitment to promote reforms that guarantee substantive equality and non-discrimination, pointing out that the objective is to move towards a society where dignity is a daily practice and not an exception.

His initiative was joined by Deputy Julián Bustillos, from Morena; Deputy Itzel Falla, of the National Action Party; Deputy Larissa Acostó, of Citizen Movement; and partyless deputy Rossana Couoh Chan, reflecting plural support in favor of fairer and more inclusive legislation.

La diputada de Morena, Clara Rosales Montiel, presentó una iniciativa de reforma en materia de salud pública y derechos humanos, con el objetivo de eliminar disposiciones discriminatorias y garantizar la protección integral de las personas que viven con VIH.

La propuesta legislativa contempla la derogación del artículo 189 del Código Penal del Estado, para que se deje de considerar el delito de “peligro de contagio”. También considera reformas y adiciones a la Ley para Prevenir y Eliminar la Discriminación, con el fin de erradicar la criminalización de las personas que viven con el virus y fortalecer un enfoque basado en la dignidad, la igualdad y los derechos humanos.

Durante su intervención en la Tribuna del Pleno del Congreso del Estado, la diputada Clara Rosales subrayó que la criminalización del VIH en el Código Penal responde a una lógica punitiva obsoleta que, lejos de prevenir su transmisión, profundiza el estigma, desalienta el diagnóstico oportuno y pone en riesgo la vida de las personas.

En ese sentido, recordó que Yucatán se mantiene entre las entidades con mayor incidencia de VIH en el país, ocupando el tercer lugar nacional, de ahí la importancia de una atención integral.

La iniciativa también propone cambios a la Ley para Prevenir y Eliminar la Discriminación, modificando el lenguaje para garantizar el respeto a la privacidad, la orientación sexual y la identidad de género de las personas que viven con VIH, así como asegurar un trato digno en todos los ámbitos, incluidos el laboral y el educativo.

Durante la sesión, la diputada estuvo acompañada por representantes de la sociedad civil, activistas, organizaciones especializadas y personas que viven con VIH, quienes respaldaron esta propuesta desde su redacción hasta la presentación de la misma en el recinto legislativo.

Entre ellos, destacó la participación del Colectivo S3D A.C., el Centro de Investigación Digna Ochoa de la Comisión de Derechos Humanos del Estado de Yucatán (Codhey), integrantes del Comité Estatal de VIH y la Dra. Dulce María Cruz, responsable del Programa de VIH, Sida, VHC y otras ITS en la entidad.

Finalmente, Clara Rosales reiteró su compromiso de impulsar reformas que garanticen la igualdad sustantiva y la no discriminación, señalando que el objetivo es avanzar hacia una sociedad donde la dignidad sea una práctica cotidiana y no una excepción.

A su iniciativa se adhirieron el diputado Julián Bustillos, de Morena; la diputada Itzel Falla, del Partido Acción Nacional; la diputada Larissa Acostó, de Movimiento Ciudadano; y la diputada sin partido Rossana Couoh Chan, reflejando un respaldo plural en favor de una legislación más justa e incluyente.

US: Bill to remove HIV reference from Pennsylvania criminal law moves forward

HB632 Passed out of Committee!

The AIDS Law Project of Pennsylvania is proud to announce that a bill addressing HIV stigma has cleared the first hurdle to becoming law. Today the Pennsylvania House Judiciary Committee voted HB632 out of committee, moving it toward a full House vote, a Senate vote on companion bill SB647, and the Governor’s signature.

Along with coalition partners including PA HIV Justice Alliance, Positive Women’s Network, Girl U Can Do It Inc., Philadelphia FIGHT, Sero Project, and the Elizabeth Taylor AIDS Foundation, we are grateful to Rep. Ben Waxman for his vision to protect people living with HIV from stigma.

With thanks to Rep. Malcolm Kenyatta and Rep. Emily Kinkead for comments in support.

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. If the buyer, seller, or promoter has HIV, the prostitution charge is a felony, not a misdemeanor.

Pennsylvania’s HIV-related felony enhancement was enacted in 1995 and has never served an effective law-enforcement purpose. In more than 30 years since its enactment, it has rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.

It is time for that to change by removing a relic that only stigmatizes people living with HIV and does nothing to protect public health.

We also appreciate the committee’s vote in support of HR393, designating Feb. 28, 2026 as “HIV is Not a Crime Awareness Day.”

It’s long past time to remove the only remaining reference to HIV in the Pennsylvania criminal code.

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. Prostitution is a misdemeanor in Pennsylvania, but if the buyer, seller, or promoter has HIV, they may be charged with a felony enhancement.

Misdemeanors carry lighter penalties, like fines, probation, or short jail time. Felonies are punished by longer prison sentences, fines, and other consequences like loss of voting rights or difficulty finding employment.

Pennsylvania’s HIV-related felony enhancement was enacted in 1995 and has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.

Modernizing HIV laws is a popular bipartisan issue. Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.

HB632 would remove the last reference to HIV in the criminal code.

Click here to sign on, support HB632, end HIV stigma.

Current Pennsylvania legislation

On February 20, 2025, Representative Waxman introduced HB632, and it was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. See below for more on the hearing.

On April 21, 2025, Senator Hughes introduced a companion bill SB647 and it was referred to the Senate Judiciary Committee. No further action has yet been taken on SB647.

These bills would remove the last reference to HIV in the criminal code and reduce the stigma fueling the HIV epidemic.

Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026. Click here for more Information.

How You Can Help

Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026
Sign on, support HB632, end stigma
Call your state representatives and share these talking points:
- Prostitution is a misdemeanor in Pennsylvania and most states — yet Pennsylvania is one of nine states that still punish people living with HIV more harshly than others charged with prostitution.
- Pennsylvania’s felony enhancement was enacted in 1995 and has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties for prostitution with a reduction in HIV transmission.
- Over time, the Pennsylvania legislature, like that of most other states, has modernized its criminal code by removing stigmatizing references to HIV. This modernization follows guidance from the American Medical Association, the American Bar Association, and other professional organizations, based on the facts of how HIV is transmitted.
- Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.
- Only one reference to HIV in the Pennsylvania criminal code remains, and HB632 would remove it.
- Pennsylvania has laws to punish those who harm others. Punishing people solely because they are living with HIV reinforces stigma, discourages people from getting tested and treated, and fuels the epidemic.

History

The journey to remove the final reference to HIV in the Pennsylvania Criminal Code began in community conversations and evolved to the Pennsylvania legislature when in 2024, Senator Vincent Hughes and Representatives Ben Waxman and Malcolm Kenyatta introduced Senate and House bills respectively.

The bills were referred to the respective judiciary committee, but didn’t make it to a hearing before the session ended. The legislature recessed sine die, and bills that did not pass died.

Representative Waxman reintroduced the House bill, now HB632 on February 20, 2025 and Senator Hughes reintroduced a companion bill, now SB647 that was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. Testifiers (Andrea Johnson, Dr. Jay Kostman, Sean Strub, and Ronda Goldfein) spoke before the PA House Judiciary Committee on June 2, 2025 in support of HB632. You can watch a recording of the hearing here.

Mexico: New equality agenda in Tamaulipas includes major HIV law reform

Gender Identity Law and non-criminalization of HIV are promoted

CD. Victoria, Tamaulipas.- For the first time at a high-level interinstitutional table, LGBTQ+ community organizations and state authorities agreed to take concrete steps towards substantive equality in Tamaulipas, with legislative commitments that include the Gender Identity Law, the publication of the LGBTTTIQ+ People Recognition and Attention Act and the reform to eliminate HIV criminalization.

During the session, priority agreements were established to consolidate the legal framework for equality. Gender Identity Law: It was agreed to advance in its ruling and vote in plenary, considered fundamental to guarantee social inclusion and labor access to the trans population.

Law of Recognition and Attention: Its publication in the Official State Gazette was followed up, which will allow LGBTTTIQ+ people to have a legal framework for protection and comprehensive care.

Non-criminalization of HIV: The urgency of reforming the legal framework to eliminate provisions that criminalise those living with HIV was addressed, promoting a public health and human rights approach.

One of the most relevant results was the confirmation of the installation of the State COESIDA in Ciudad Victoria, under the rectorate of the Ministry of Health. This organization will coordinate a multidisciplinary team to improve the infrastructure and services of CAPASITS in Tamaulipas, strengthening the care of people with HIV and other sexually transmitted infections.

The agenda also includes the incorporation of human rights technologies and approaches to ensure that public policies are aligned with the Sustainable Development Goals.

“This teamwork shows that Tamaulipas is moving steadily towards substantive equality,” said Ana Karen López Quintana, president of the convening organization.

Cd. Victoria, Tamaulipas.- Por primera vez en una mesa interinstitucional de alto nivel, organizaciones de la comunidad LGBTQ+ y autoridades estatales acordaron dar pasos concretos hacia la igualdad sustantiva en Tamaulipas, con compromisos legislativos que incluyen la Ley de Identidad de Género, la publicación de la Ley de Reconocimiento y Atención de las Personas LGBTTTIQ+ y la reforma para eliminar la criminalización del VIH.

Durante la sesión se establecieron acuerdos prioritarios para consolidar el marco jurídico de igualdad. Ley de Identidad de Género: Se pactó avanzar en su dictaminación y votación en pleno, considerada fundamental para garantizar inclusión social y acceso laboral a la población trans.

Ley de Reconocimiento y Atención: Se dio seguimiento a su publicación en el Periódico Oficial del Estado, lo que permitirá que las personas LGBTTTIQ+ cuenten con un marco legal de protección y atención integral.

No criminalización del VIH: Se abordó la urgencia de reformar el marco legal para eliminar disposiciones que criminalizan a quienes viven con VIH, impulsando un enfoque de salud pública y derechos humanos.

Uno de los resultados más relevantes fue la confirmación de la instalación del COESIDA Estatal en Ciudad Victoria, bajo la rectoría de la Secretaría de Salud. Este organismo coordinará un equipo multidisciplinario para mejorar la infraestructura y servicios de los CAPASITS en Tamaulipas, fortaleciendo la atención a personas con VIH y otras infecciones de transmisión sexual.

La agenda también incluye la incorporación de tecnologías y enfoques de derechos humanos para garantizar que las políticas públicas se alineen con los Objetivos de Desarrollo Sostenible.

“Este trabajo en equipo demuestra que Tamaulipas avanza con paso firme hacia la igualdad sustantiva”, afirmó Ana Karen López Quintana, presidenta de la organización convocante.

Benin: UNAIDS welcomes Benin’s new, pioneering HIV legislation

Benin adopts positive new law on HIV prevention, care and elimination of stigma and discrimination

UNAIDS welcomes the passing into law by the President of Benin Patrice Talon of Law 2026-02 on 9 February 2026. The law focuses on HIV prevention and management of care and will accelerate progress towards ending AIDS in the Republic of Benin.

The new law is the culmination of a process first initiated in 2013 and which resumed in 2020 under the leadership of the Health Program for the Fight against AIDS (PSLS). This revision was made due to the significant limitations of the 2006 law, namely that it was based on a punitive, coercive and stigmatizing approach.

The previous law was incompatible with human rights standards, allowed for numerous violations of confidentiality, criminalized HIV-related behaviors and reinforced the marginalization of key populations. The law was out of step with good public health practices which should be based on prevention, inclusion and respect for human rights.

The 2026 law is now aligned with international human rights standards and more specifically reaffirms the right to non-stigma and non-discrimination. It enhances privacy and data protection, ensures access to HIV care and prevention and services and recognizes key populations including sex workers, men who have sex with men, people who inject drugs, transgender people, migrants and prisoners among others. It improves prisoners’ rights significantly and reduces criminal provisions against people living with HIV by recognizing the strictly voluntary nature of disclosing HIV status.

“The journey to validating Benin’s HIV Law was powered by strong country leadership, exceptional UNAIDS–UNDP collaboration, unwavering support from the UN Regional Coordinator, close technical follow-up with the Ministry of Health, catalytic funding from UNAIDS, UNDP and Expertise France, and close involvement of parliamentarians — turning evidence into political will and political will into transformative legislation’’ said Yayé Diallo, outgoing UNAIDS Country Director for Togo and Benin.

The progress is the result of coordinated advocacy and collaborative partnership actions at all levels involving the UNAIDS Executive Director Winnie Byanyima, who made it a priority of her visit to Benin in September 2024.

UNAIDS Regional Office, the global HIV Legal Network and UNDP provided technical support. The Global Fund and Expertise France provided financial support and the combination of the efforts of various stakeholders at the local level, namely the PSLS, the CNLS-TP(Conseil National de Lutte contre le VIH/Sida, la Tuberculose, le Paludisme, les Hépatites, les Infections Sexuellement Transmissibles et les Épidémie), the parliament and its institutions (IPaB – Institut Parlementaire du Bénin), the caucus of women parliamentarians and parliamentary committees), civil society organizations including networks of people living with HIV and key populations. With this new law and rigorous monitoring of its application, Benin is resolutely committed to its march towards the ending AIDS by 2030.

“UNAIDS, the UN Country Team, and partners including Expertise France applaud Benin’s political resolve and its new, pioneering HIV legislation. By centering the law on vulnerable groups and youth who account for 35% of new infections, Benin is taking a giant leap towards universal access to HIV treatment and the ultimate goal of ending AIDS as a public health threat by 2030.” said Christian Mouala, Representative and Director of the UNAIDS Multi-Country Office for Côte d’Ivoire, Togo, and Benin.

New Zealand: Undetectable yet prosecutable, study highlights the need for law reform

Momentum for change on HIV criminalisation

A study of people living with HIV has revealed that despite advances in HIV treatment, criminalisation continues to create uncertainty and distress, with 60% of people living with HIV fearing legal consequences and many avoiding relationships altogether.

The full study and its findings will be released at a public event on 27 February at 3 pm at the Ellen Melville Centre in Auckland, by Positive Women, Body Positive, Toitū te Ao and Burnett Foundation Aotearoa.

The study surveying 247 people living with HIV in New Zealand, highlights the urgent need for rules and practice to align with modern HIV science. Over half of participants reported anxiety about legal consequences, particularly around disclosing HIV or discussing sexual practices with healthcare service providers.

“This shows that people living with HIV want to see HIV transmission managed by Public Health authorities, and not the Police. We have one of the highest rates of HIV criminalisation per capita globally, with at least 14 prosecutions since 1993,” says Liz Gibbs CEO of Burnett Foundation Aotearoa.

“The Government’s decision to sign the U=U Call to Action at Big Gay Out 2026 is a great first step in bringing New Zealand into line with overseas best practices on how to manage HIV.”

U = U stands for Undetectable = Untransmittable (U=U). It means that a person living with HIV who is on effective treatment and maintains an undetectable viral load cannot transmit HIV to sexual partner(s).

“Currently people living with HIV may face prosecution under the Crimes Act for HIV non-disclosure to their sexual partners (unless they are using a condom), even if they are on treatment with an undetectable viral load and therefore pose zero risk of transmission,” says Gibbs.