Mexico: HIV criminalisation in Tamaulipas fuels fear and discrimination

Activists in Tamaulipas denounce that criminalisation of HIV is an obstacle to health and human rights

Translated with Deepl. For original article in Spanish, please scroll down.

Cd. Victoria, Tamaulipas.- People living with HIV in the state of Tamaulipas face not only the challenge of their health condition, but also the threat of criminalisation. Furthermore, Article 203 of the state penal code allows anyone to report another person for ‘risk of contagion’, which generates fear, discrimination and hinders prevention and early detection efforts.
Celso Pérez Ruiz, president of the civil association ‘Tendremos Alas’ (We Will Have Wings), denounced that this legislation discourages citizens from getting tested for HIV, as the fear of being singled out and prosecuted outweighs the need to know their health status.
‘In Tamaulipas, people living with HIV continue to be criminalised, and the current policy of prevention and early detection cannot move forward precisely because there is a law that criminalises them; so who is going to want to get tested for HIV under the fear of being reported if they test positive?’
He recalled that despite the fact that the Supreme Court of Justice of the Nation and the National Human Rights Commission have declared the law unconstitutional, the state has refused to repeal it.
In the last legislative session, Morena deputy Magaly de Andar presented an initiative to eliminate this article, but in her current term she has not followed up on it, leaving thousands of Tamaulipas residents in a situation of legal vulnerability.
This is not just a legal issue, it is a human rights issue. The criminalisation of HIV perpetuates stigma, alienates those living with HIV from health services and prevents them from exercising their right to a dignified life free from discrimination. It is time for Tamaulipas to move towards fairer and more humane legislation.
‘Article 203 of the Tamaulipas state criminal code criminalises people living with HIV, regardless of their sexual orientation or gender identity. All Tamaulipas residents living with the virus are under the premise that they can be reported by anyone for the risk of contagion,’ said Celso Pérez Ruiz.


Cd. Victoria, Tamaulipas.- En el estado de Tamaulipas viven con VIH enfrentan no solo el desafío de su condición de salud, sino también la amenaza de criminalización; además, el artículo 203 del código penal estatal permite que cualquier persona denuncie a otra por «peligro de contagio», lo que genera miedo, discriminación y obstaculiza los esfuerzos de prevención y detección oportuna.
Celso Pérez Ruiz, presidente de la asociación civil “Tendremos Alas”, denunció que esta legislación disuade a los ciudadanos de hacerse pruebas de VIH, pues el temor a ser señalados y perseguidos legalmente pesa más que la necesidad de conocer su estado de salud.
“En Tamaulipas se sigue criminalizando a las personas que viven con VIH, y la actual política de prevención y detección oportuna no puede avanzar precisamente porque hay una ley que criminaliza; entonces qué persona va a querer hacerse una prueba de VIH bajo el temor de que sea boletinada en caso de dar positivo”.
Recordó que a pesar de que la Suprema Corte de Justicia de la Nación y la Comisión Nacional de los Derechos Humanos han declarado la norma como inconstitucional, el estado se ha resistido a derogarla.
En la pasada legislatura, la diputada de Morena Magaly de Andar presentó una iniciativa para eliminar este artículo, pero en su actual gestión no le ha dado seguimiento, dejando a miles de tamaulipecos en una situación de vulnerabilidad legal.
Este no es solo un tema legal, es una cuestión de derechos humanos. La criminalización del VIH perpetúa el estigma, aleja a quienes lo viven de los servicios de salud y les impide ejercer su derecho a una vida digna y libre de discriminación. Es hora de que Tamaulipas avance hacia una legislación más justa y humana.
“El artículo 203 del código penal del estado de Tamaulipas criminaliza a las personas que viven con VIH, más allá de su orientación sexual o de identidad de género. Todos los tamaulipecos que vivan con el virus están bajo la premisa de que pueden ser denunciados por peligro de contagio por cualquier persona”, refirió Celso Pérez Ruiz.

US: PA House Committee considers bill to end HIV criminalization

Pennsylvania House committee hears testimony on bill to decriminalize HIV

On June 2, the Pennsylvania House Judiciary Committee held a hearing to debate HB632, “Decriminalizing HIV in Pennsylvania.” The bill, primarily sponsored by Philadelphia Rep. Ben Waxman (D-Dist 182), if enacted, would remove the last bit of criminal stigma attached to HIV in the PA Criminal Code.

Referring to the part of the Criminal Code his bill will change, Waxman said, “This is a statute of a bygone era.” The current Code provides that a person engaged in prostitution or other sex crime who exposes another person to HIV can face a “sentence enhancement” from a misdemeanor to a class 3 felony.

According to supporters, the American Medical Association, the American Bar Association, and other professional organizations have put forth guidance around HIV transmission. HB632 would modernize the criminal code to follow the guidance and science behind HIV transmission and remove stigmatizing language.

In his initial co-sponsorship memo, Waxman explained the rationale of decriminalization. In it, he said, in part, “While prostitution is typically a misdemeanor offense, people living with HIV in Pennsylvania who are charged with prostitution can be charged with a felony even if transmission would not be possible, because no physical contact occurred or the nature of contact is not a method of transmission. HIV criminalization laws do not reflect the science around HIV prevention, transmission and treatment. Instead, they stigmatize people living with HIV, and are contrary to federal and state anti-disability discrimination laws. Criminalizing conduct that cannot result in HIV transmission is stigmatizing as everyone living with HIV becomes a potential criminal by virtue of their diagnosis. Stigma undermines public health goals. According to the White House’s National HIV/AIDS Strategy for the United States 2022-2025, ‘HIV-related stigma and discrimination continue to undermine the effective use of tools to reduce HIV transmissions.’”

In addition to picking up over half a dozen co-sponsors (all Democrat), the bill has been supported by the PA District Attorneys Association. The AIDS Law Project of Pennsylvania also provided significant lobbying support, in collaboration with the Pennsylvania HIV Justice Alliance.

The committee heard testimony from a number of supporters in addition to Rep. Waxman, including Dr. Jay Kostman, Chief Medical Officer of Philadelphia FIGHT; Sean Strub, founder of POZ magazine; Ronda Goldfein, Executive Director of the AIDS Law Project; and Andrea Johnson, activist and HIV advocate.

In their testimony, Strub and Johnson spoke of their personal experiences with the stigma attached to HIV criminalization, while Dr. Kostman and Goldfein spoke from a medical and legal perspective.

Dr. Kostman emphasized public health goals.

“If people know they could face legal consequences for testing positive for HIV, they may avoid getting tested,” Dr. Kostman said. “In addition, fear of prosecution may prevent individuals from seeking care or disclosing their status to partners, contrary to what the laws are intended to encourage. These fears actually produce the opposite public health effect from what would be expected, and treating and identifying people with HIV becomes more difficult.

“We now know that when people are taking effective treatment against HIV (called antiretroviral treatment) the amount of HIV in their blood is at an undetectable level. There is broad scientific data that when people reach this undetectable level, they cannot transmit the virus to other people. The phrase U=U (undetectable = untransmittable) has been widely used based on extensive scientific data. So, when people are identified as HIV positive and stay in care and stay healthy, they will NOT transmit the virus to others.

“We should not subject people to laws that were enacted out of fear and reinforce stigma, and are not based on current scientific understanding.”

Ronda Goldfein addressed the impact of the stigma attached to HIV criminalization. “Over the years, the Pennsylvania Legislature has removed all but one reference to HIV in the criminal code. HB632 would remove the final reference, which is the felony enhancement for prostitution with HIV.

“This enhancement 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.

“In 37 years, the AIDS Law Project has provided free legal services on 50,000 legal matters to 25,000 people living with HIV. We regularly hear from our clients how stigma impedes their life and dissuades them from seeking health care and sharing their diagnosis with others.

“To remove stigma, we need to root it out wherever it can be found, including in outdated legislation that doesn’t protect anyone.”

After listening to testimony and questioning the panelists, the committee adjourned without voting on the measure. That will happen at a future committee meeting, though supporters think it likely the bill will be approved. It then goes to the full State House for a vote; supporters are optimistic about passage. Then, it goes to the State Senate.

[Update] US: Felony charges for intentional STD transmission one step closer in Louisiana

House committee votes in favor of STD criminalization bill with changes

A bill that would make it a felony to “knowingly and intentionally infect” someone with an incurable sexually transmitted disease, or STD, is one step closer to passage after a tight committee vote on Wednesday (May 28).

The bill — House Bill 76 — was first heard by the House Administration of Criminal Justice committee on May 7. Rep. Pat Moore, D-Monroe, who authored the bill, voluntarily deferred the legislation after significant pushback from public and sexual health advocates, as well as people living with sexually transmitted diseases and criminal defense lawyers.

The committee reheard an amended version of the bill on Wednesday , which raises the threshold for conviction to actual transmission of an STD, rather than simply exposure. Committee members voted 7-5 to advance the bill to the full House.

“If this is passed, it’s not going to please everyone,” Moore, who introduced a similar bill in 2021, said during the hearing. “But when you think about those victims who are asking for justice and say, ‘Do something about this,’ that’s in my heart and that’s in my mind. So, I think this can help.”

During the May 7 committee meeting, Moore brought along two women who claimed to have been unknowingly exposed and infected with incurable sexually transmitted infections, or STIs, including one who said she was infected by a DJ in New Orleans. The DJ was arrested earlier this year under Louisiana’s existing law that makes it a felony to intentionally expose someone to HIV without disclosure and consent.

The bill comes as other states have looked to reform or repeal similar laws, particularly those targeting people with HIV, over the past decade. Since 2014, 18 states have either loosened or repealed laws against exposure to HIV and other STDs, according to the Center for HIV Law and Policy. Studies have shown that criminalizing STDs does little to lower the number of cases and increase stigma toward people with STIs.

During testimony, public health advocates said Louisiana should invest more heavily in resources for testing and treatment, as well as sexual health education. They said these types of bills can reduce the incentive for people to get tested, since people can’t be prosecuted if they don’t know their status.

If the bill passes both legislative chambers and becomes law, a person found guilty of intentionally infecting someone else with an incurable STD without disclosing their own status could be fined up to $5,000 and be sentenced to up to 10 years in prison. The penalties would be worse if the victim is a minor, older than 65 or has an intellectual disability.

The four most common incurable sexually transmitted infections are hepatitis B, herpes simplex virus (HSV), human papillomavirus (HPV) and HIV. While no treatments exist to eliminate these viruses, all are treatable and manageable with medication, and HPV can sometimes clear up on its own.

Even with Louisiana’s current law against intentional HIV exposure, the state had the third-highest rate of new HIV diagnoses in the country in 2022, according to the Centers for Disease Control and Prevention. 

Mexico: Lawmaker introduces initiative to repeal HIV criminalisation from criminal code

As it is obsolete and discriminatory, PRI proposes to eliminate the crime of “risk of contagion”

Translated with Deepl. Scroll down for original article in Spanish.

Its existence in the Penal Code has served more as a tool for repression, has dissuaded people from going to health services and has sown fear in people living with HIV of being criminalized.

Mérida, Yucatan, May 22, 2025

With a call to ensure that no one is criminalized for their sexual identity or for living with HIV, the coordinator of the Legislative Fraction of the PRI, Gaspar Quintal Parra, presented an initiative to eliminate the crime of risk of contagion from the Yucatan Criminal Code, since it is totally discriminatory.

This proposal, which is an old demand of the LGBTQ+ population, does not arise between desks or from technical isolation, but is a direct result of the participation of active and committed citizenship.

In that sense, the deputy especially recognized the law student Isabel Martínez, member of the Diversity Front of the UADY, who, hand in hand with her legislative technical team, has been able to give life to this proposal.

“Organized citizens told us clearly: the crime of contagion risk is obsolete, ambiguous and discriminatory. Its existence has served more as a tool for repression than for justice. He has dissuaded people from going to health services for fear of being criminalized and has sown fear where there should be protection,” said the PRI leader.

For this reason, he proposed to repeal article 189 and modify other provisions, such as articles 361 and 379 of the local Criminal Code itself, in order to distinguish between living in a health condition and committing a crime with malice or intent to harm another person.

He added that the legislation must sanction wilful conduct, but never penalize a person’s state of health or make them a subject of criminal prosecution for living with a sexually transmitted disease.

“In a context such as Yucatan, which ranks first nationally in cumulative cases of HIV-AIDS, the punitive approach has proven to be ineffective. On the contrary, legislation is required that promotes evidence-based prevention, universal access to treatment, respect for confidentiality and the fight against all forms of stigmatization,” Gaspar Quintal emphasized.

The initiative of the PRI legislator also proposes to modify the Law to Prevent and Eliminate Discrimination in Yucatan, to update its language and incorporate a broader vision that makes sexual diversity visible, including concepts such as sexual orientation, gender identity and gender expression, replacing ambiguous terms such as “sexual preference” or phrases that reinforce heteronormativity.

Likewise, it incorporates new discriminatory behaviors that are not recognized in the law today, such as the non-consensual disclosure of the state of health, the arbitrary requirement of medical tests or harassment based on gender expression.


As it is obsolete and discriminatory, PRI proposes to eliminate the crime of “risk of contagion”

Su existencia en el Código Penal ha servido más como herramienta de represión, ha disuadido a personas de acudir a servicios de salud y ha sembrado miedo en las personas que viven con VIH de ser criminalizadas.

Mérida, Yucatán, 22 de mayo de 2025

Con un llamado a garantizar que nadie sea criminalizado por su identidad sexual o por vivir con VIH, el coordinador de la Fracción Legislativa del PRI, Gaspar Quintal Parra, presentó una iniciativa para eliminar del Código Penal de Yucatán el delito de riesgo de contagio, ya que es totalmente discriminatorio.

Esta propuesta, que es una antigua demanda de la población LGBTQ+, no surge entre escritorios ni desde el aislamiento técnico, sino que es resultado directo de la participación de la ciudadanía activa y comprometida.

En ese sentido, el diputado reconoció especialmente a la estudiante de Derecho Isabel Martínez, integrante del Frente por la Diversidad de la UADY, quien, de la mano con su equipo técnico legislativo, ha podido dar vida a la presente propuesta.

“La ciudadanía organizada nos lo dijo con claridad: el delito de riesgo de contagio es obsoleto, ambiguo y discriminatorio. Su existencia ha servido más como herramienta de represión que de justicia. Ha disuadido a personas de acudir a servicios de salud por miedo a ser criminalizadas y ha sembrado miedo donde debería haber protección”, sostuvo el dirigente priista.

Por tal razón, propuso derogar el artículo 189 y modificar otras disposiciones, como los artículos 361 y 379 del propio Código Penal local, a fin de distinguir entre vivir con una condición de salud y cometer un delito con dolo o intención de dañar a otra persona.

Agregó que la legislación debe sancionar la conducta dolosa, pero nunca penalizar el estado de salud de una persona ni convertirla en sujeto de persecución penal por vivir con alguna enfermedad de transmisión sexual.

“En un contexto como el de Yucatán, que ocupa uno de los primeros lugares a nivel nacional en casos acumulados de VIH-SIDA, el enfoque punitivo ha demostrado ser ineficaz. Por el contrario, se requiere una legislación que promueva la prevención basada en evidencia, el acceso universal al tratamiento, el respeto a la confidencialidad y la lucha contra toda forma de estigmatización”, enfatizó Gaspar Quintal.

La iniciativa del legislador del PRI también plantea modificar la Ley para Prevenir y Eliminar la Discriminación de Yucatán, para actualizar su lenguaje e incorporar una visión más amplia que visibilice la diversidad sexual, incluyendo conceptos como orientación sexual, identidad de género y expresión de género, sustituyendo términos ambiguos como “preferencia sexual” o frases que refuerzan la heteronormatividad.

De igual modo, incorpora nuevas conductas discriminatorias que hoy no están reconocidas en la ley, tales como la divulgación no consentida del estado de salud, la exigencia arbitraria de pruebas médicas o el acoso basado en la expresión de género.

Mexico: LGBTI groups ask for the repeal of HIV criminalisation law

LGBT+ groups demand legislation to punish discrimination against people with HIV

Translated with Deepl. Scroll down for the original article in Spanish.

They demanded to eliminate article 302 of the Tlaxcala Criminal Code, which criminalizes people living with HIV under the figure of “danger of contagion”, considering it obsolete and stigmatizing.

LGBTTTI+ collectives showed that in the state of Tlaxcala there are still areas with high levels of discrimination against people of diverse sexual orientation or with sexually transmitted diseases such as HIV.

In the framework of the International Day against Homophobia, Transphobia and Biphobia, the collectives demanded a halt to legislative omissions that result in criminalisation and hate speech that violate justice, equality and dignity of people of sexual diversity.

They denounced that, according to the National LGBTQ+ Youth Mental Health Survey 2024, more than 50% of the LGBT+ community in Tlaxcala have been victims of discrimination, mainly by public institutions and in legal spaces.
“There is a systematic resistance of the local Congress to legislate in favour of equality. This phenomenon translates into omissions, freezing of initiatives and evasive speeches in the face of the urgency of guaranteeing human rights”, they affirmed.

Among their demands, they demanded the elimination of article 302 of the Penal Code of Tlaxcala, which criminalises people living with HIV under the figure of ‘danger of contagion’, considering it obsolete and stigmatising.

They also requested to sanction and eliminate hate speech on digital platforms and to establish protocols for institutional response to digital violence against LGBTTTI+ people.

It is worth noting that Congresswoman Mí Pérez Carrillo presented an initiative to reform the local Penal Code to criminalise hate speech against the LGBTIQ+ community, which is expected to be taken up in the coming days.


Exigen colectivos LGBT+ legislar para castigar discriminación a personas portadoras de VIH

Exigieron eliminar el artículo 302 del Código Penal de Tlaxcala, que criminaliza a las personas que viven con VIH bajo la figura de “peligro de contagio”, por considerarlo obsoleto y estigmatizante.

Colectivos LGBTTTI+ evidenciaron que en el estado de Tlaxcala persisten zonas con altos niveles de discriminación hacia personas con orientación sexual diversa o con enfermedades de transmisión sexual como el VIH.

En el marco del Día Internacional contra la Homofobia, la Transfobia y la Bifobia, los colectivos exigieron un alto a las omisiones legislativas que derivan en la criminalización y en discursos de odio que vulneran la justicia, igualdad y dignidad de las personas de la diversidad sexual.

Denunciaron que, de acuerdo con la Encuesta Nacional de Salud Mental de Juventudes LGBTQ+ 2024, más del 50% de la comunidad LGBT+ en Tlaxcala ha sido víctima de discriminación, principalmente por parte de instituciones públicas y en espacios legales.

Existe una resistencia sistemática del Congreso local a legislar en favor de la igualdad. Este fenómeno se traduce en omisiones, congelamiento de iniciativas y discursos evasivos ante la urgencia de garantizar derechos humanos”, afirmaron.

Entre sus demandas, exigieron eliminar el artículo 302 del Código Penal de Tlaxcala, que criminaliza a las personas que viven con VIH bajo la figura de “peligro de contagio”, por considerarlo obsoleto y estigmatizante.

Asimismo, solicitaron sancionar y eliminar discursos de odio en plataformas digitales y establecer protocolos de respuesta institucional ante la violencia digital contra personas LGBTTTI+.

Es de destacar que la diputada Madaí Pérez Carrillo presentó una iniciativa de reforma al Código Penal local para tipificar los discursos de odio contra la comunidad LGBTIQ+, por lo que se espera que sea retomada en los próximos días.

US: Governor signs bill to repeal HIV criminalisation statute in Maryland

Maryland Repeals HIV Criminalization Law

State advocates succeed in making Maryland the 5th U.S. state to repeal biased HIV criminalization laws 

(Washington, DC) – Today, the governor of Maryland signed a bill repealing the state’s HIV criminal offense, making it the fifth state to do so and the second state to do so in the last 60 days. 

The successful enactment of HB 39 resulted from the work of the Coalition to Decriminalize HIV in Maryland, a project led by FreeState Justice. CHLP supported the coalition’s repeal efforts through strategic contributions and collaborative engagement throughout the campaign.

“This victory reflects years of tireless advocacy by people living with HIV, legal experts, and public health leaders who know that criminalization undermines public health goals,” said Jada Hicks, PJP Senior Attorney at CHLP. “It is especially monumental to achieve this victory in a time when the very existence and rights of our communities are under attack. This is what resistance against systemic injustice and discrimination looks like in action.”

The bill was named to honor the legacy of Carlton R. Smith, a long-term HIV survivor, Baltimore-area activist, and member of the Coalition to Decriminalize HIV in Maryland, who passed away last year.

“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said Phillip Westry, Executive Director of FreeState Justice. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society,” he continued.

Sponsored by Delegate Kris Fair, the bill had broad bipartisan support. Senator Will Smith, Chair of the Judicial Proceedings Committee and sponsor of the Senate counterpart bill, emphasized the discriminatory nature of the old law, noting that no other communicable disease was singled out in this manner. He stated in a news report that the law was“skewed towards, frankly, Black men,” underscoring the disparate impact of the law.

In Maryland, Black men are 14% of the state’s population, 44% of those living with HIV and 68% of those accused in HIV-related criminal cases As a result of this law’s passage, there are 14,837 Black men living with HIV in Maryland who will no longer live under the threat of being criminalized due to their health status as people living with HIV.

In the United States, 32 states continue to criminalize people living with HIV and 28 states have harsh criminal penalty enhancements that elevate charges based on a person’s knowledge of their HIV status. In Maryland, the now-repealed law had imposed severe penalties on individuals “knowingly transmitting” or “attempting” to transmit HIV, including up to three years of imprisonment and fines up to $2,500. The law did not require actual transmission of HIV, intent to transmit, or even conduct that can transmit HIV.

The repeal of Maryland’s HIV criminal offense reflects the power of state-level advocacy to lead the way in the face of federal inaction and regression under the Trump administration. The process highlights the importance of advocacy and educating lawmakers about the impacts of overcriminalization on Black people and those living with HIV.

[Update]US: STD criminalisation bill withdrawn as advocates call for education and resources

Louisiana lawmakers shelve bill criminalizing ‘intentional exposure’ to STDs

A Louisiana House committee shelved a bill Wednesday that would have made it illegal for someone to “intentionally” expose another person to an “incurable” sexually transmitted disease after steep concerns that criminalization could worsen the state’s proliferating STD rates.

This was the second time Rep. Patricia Moore, D-Monroe, had introduced such a bill in five years, despite opposition from public and sexual health advocates as well as people living with STDs. Moore said at a House Administration of Criminal Justice committee meeting that she wants to create a law that offers people recourse for when someone “knowingly and intentionally” doesn’t disclose their STD status.

The bill would have created a new felony, carrying up to 10 years in prison and $5,000 in fines, for someone who knows they have an “incurable” STD and exposes someone else without their knowledge and consent. Those penalties would have increased if the person exposed to the STD is a minor, over 65 years old or has an intellectual disability. The exposure under either charge would have needed to come through sexual contact, donating bodily fluids such as blood or sharing needles.

After pushback during public testimony, Moore voluntarily deferred House Bill 76.

In 2023, Louisiana had the highest rate of chlamydia cases in the country and ranked in the top 10 for syphilis, HIV and gonorrhea, according to data from the U.S. Centers for Disease Control and Prevention.

The legislation comes as other states have repealed or modernized their own laws criminalizing STDs, especially HIV, over the past decade to align with the current medical landscape. An attempt to update Louisiana’s own law criminalizing HIV failed last year.

Before the bill was deferred, Moore amended it to just focus on “incurable” STDs, removing a proposal to create a new misdemeanor charge for exposing someone to a curable STD. The four most common incurable sexually transmitted infections are hepatitis B, herpes simplex virus (HSV), human papillomavirus (HPV) and HIV. While no treatments exist to eliminate these viruses, all are treatable and manageable with medication, and HPV can sometimes clear up on its own.

But the groups who opposed the bill, including several members of the Louisiana Coalition Against Criminalization and Health, said the bill would have the same problems as another state law on the books that criminalizes “intentional exposure” to HIV.

Data on how many people have been charged under the law is challenging to compile, but UCLA’s Williams Institute identified 147 allegations of HIV-related crimes between 2011 and 2022 in Louisiana, though researchers said that number could be higher.

Dietz, the coalition’s state coordinator, told the committee that said both the current law and bill contain “legal loopholes” that allow the law to be used against people living with HIV in their personal relationships, in part because it’s on the person living with the STD to prove they received the accuser’s consent.

In 2024, Dietz and other members of a state task force charged with researching the criminalization of HIV found that Louisiana’s current legal approach “can actually interfere with work to end the HIV epidemic,” according to its report.

“We’ve already made recommendations for the way the existing law allows for environments of coercion because again … proving that you disclosed your status is challenging,” Dietz said. “Even if you were to have proof in your hand, even if someone were to write it down, what if someone ripped it up? Or you lost it?”

St. Tammany Parish resident Katie Darling, who also serves as the vice chair of the Louisiana Democratic Party, shared the testimony of one of her residents who said she had been living with HIV for 25 years. Darling said the resident had her first husband sign an affidavit acknowledging that he knew she had HIV and consented, even though she was taking medication that prevented transmission. When the marriage turned physically abusive, the resident testified that her former husband threatened to take her to court over her HIV status.

“Thankfully, I had the document he signed on file at my doctor’s office. But what if I hadn’t?” Darling read from the testimony. The St. Tammany resident has now had her second husband sign a similar affidavit.

Those who opposed the bill also acknowledged that there is a need for people to have justice when they are unknowingly given an STD, whether that’s under new legislation or current laws around sexual assault.

Jennifer Tokarski, who is living with HPV, testified in support of the bill. She shared the story of her former husband who had sex outside of their marriage, refused to admit it and ultimately transmitted the virus to her.

“After five years in what I believed was a faithful relationship and Catholic marriage, I became severely ill,” Tokarski testified. “My husband attended appointments, rejected STD testing, reassuring doctors we were monogamous.”

When she learned of his infidelity, she said he battered her and filed for divorce.

“Only then did I learn he had infected me with a lifelong and incurable STD,” Tokarski said. “This is not just a private betrayal, this is a public health failure.”

Moore and Tokarski said they believed such a law would help promote honest conversations about sexual health that would lower the spread and give survivors a voice.

Studies have shown that criminalizing STDs do little to lower the number of cases and increase stigma. During testimony, public health advocates said Louisiana should invest more heavily in resources for testing and treatment as well as sexual health education, which isn’t required in schools.

At Wednesday’s meeting, Moore said she planned to work with the bill’s opponents to improve the language and possibly return the legislation to the committee if there’s time before the session. Otherwise, Moore said she will bring a form of the legislation back next year.

USA: Louisiana lawmaker renews push to criminalise STI exposure

Bill revives effort to criminalize non-consensual STD exposure in Louisiana

A Louisiana lawmaker has introduced a bill that would create new crimes for knowingly and intentionally exposing someone to a sexually transmitted disease without their informed consent.

House Bill 76, sponsored by state Rep. Patricia Moore (D-Monroe), would establish two separate offenses: felony intentional exposure for incurable STDs and misdemeanor intentional exposure for curable ones.

Felony Exposure (incurable STD)

Under the bill, a person could face felony charges if they knowingly have an incurable STD and intentionally expose someone without that person’s knowledge or informed consent through:

  • Sexual intercourse or sodomy.
  • Selling/donating blood, semen, organs, etc.
  • Sharing needles.

The proposed bill said the standard penalty includes up to 10 years in prison and/or up to a $5,000 fine.

There would be harsher penalties if:

  • The victim is under 13 and the offender is 17 or older: 25–99 years in prison, with at least 25 years served without parole.
  • The victim is under 18 with an age gap of over two years: 10–25 years, with at least 10 served without parole.
  • The victim is 65 or older: Up to 25 years
  • The offender has an intellectual disability: Up to 15 years’ sentence and up to a $10,000 fine

Anyone convicted would also be placed on lifetime electronic monitoring. Offenders must cover the cost of their monitoring unless deemed unable to pay, in which case the state may cover the expense. The Department of Public Safety and Corrections would be tasked with setting the payment rules.

The bill includes affirmative defenses:

  • If the exposed person knew the offender’s status, knew the risks, and gave informed consent.
  • If the offender disclosed their status and took preventative measures advised by a healthcare provider.

Misdemeanor Exposure (curable STD):

The bill also creates a misdemeanor offense for knowingly exposing someone to a curable STD without informed consent through the same methods listed above.

The penalty would be up to six months in jail and/or up to a $1,000 fine.

The bill’s current status is pending before the House Administration of Criminal Justice Committee.

Bill has faced past criticism

Rep. Moore filed similar legislation in 2021 (House Bill 238), which expanded an existing criminal statute that previously applied only to HIV exposure. The earlier bill drew criticism from some public health experts and LGBTQ advocates, according to a report from the Louisiana Illuminator. Opponents argued that the bill could discourage people from getting tested for STDs, since the enforcement hinges on the offender knowing their status. Groups like the HIV Medicine Association and the CDC have warned that criminalization laws can increase stigma, reduce screening, and undermine public health efforts.

Moore said at the time that her goal was to address high rates of infection in Louisiana and that she was open to amendments and input from healthcare professionals.

Canada: Canada’s broken promise on HIV criminalisation reform

HIV criminalization and the Canadian government’s failed law reform project: Another. Incredible. Disappointment. Surprise!

By Chad Clarke with contributions from Colin Johnson 

The Government of Canada has broken its promise to reform the laws that criminalize people living with HIV. In November 2024, the Federal Justice Minister’s office informed the Canadian Coalition to Reform HIV Criminalization (CCRHC) that the federal government’s long-promised initiative addressing the “overcriminalization” (their term) of HIV was not going to move forward. This announcement came after almost a decade of difficult work on the part of the HIV community. Blood, sweat and tears and some lives were lost while we worked on developing a workable consensus statement that would satisfy a majority of Parliament.

The government squandered time, money, people’s energy and people’s lives. By conducting a public consultation on “reforming the criminal law regarding HIV non-disclosure” only to appear like they were doing something, when in fact they weren’t, the government failed to address the harms associated with stigma, discrimination and criminalization! It has failed to address the way our current Criminal Code harms people and communities affected by HIV. “Silence = Death” is an iconic slogan in the history of AIDS activism and we can not be silent on our incredible disappointment with the government’s inaction.

A backdrop of struggle

Back in July of 2024, I sat down with fellow CCRHC steering committee member Colin Johnson to discuss HIV criminalization and to urge the government to act. Our CATIE Blog article, entitled “HIV law reform”, began by listing some of the emotions that I was feeling at the time: “Anger! Disappointment! Betrayal!” I still feel these emotions as I write this follow-up blog post.

I feel like I’m playing a game of chess with this government and once again we’re locked in a stalemate. Our current feelings of disappointment are experienced against the backdrop of 44 years of struggle.

While there have been notable improvements in Canada for people living with HIV/AIDS, for example in antiretroviral medicines, in some respects we are backsliding. According to the Public Health Agency of Canada, we saw 2,434 new HIV diagnoses in 2023, a 35.2% increase from the previous year.

Consultation games

In the face of rising HIV cases, it makes sense to ask how the government is funding the HIV response. Short answer: it’s not funding it enough.

In 2003, more than 20 years ago, the House of Commons Standing Committee on Health recommended that $100 million per year be allocated to support the HIV response in Canada. While funding did increase, it fell short of this recommendation. The government promised to spend $84.4 million annually as of 2008, but in reality, this figure has been frozen at about $73 million. This means over $123 million promised for the HIV response was never delivered. This lack of funding has had a crippling effect on the services and community organizations working to respond to and prevent HIV.

In 2019, the Standing Committee on Health, once again, recommended $100 million per year to fund the HIV response in Canada. But, we’re still waiting!

On the one hand, the government is clearly not spending enough on the HIV response. But on the other hand, how much money was spent on the nationwide consultation that was destined to go nowhere? We already had so much data showing that the criminal law needed to be changed. For example, back in 2019 the Standing Committee on Justice and Human Rights tabled a report calling on the government to change the criminal code.

The CCRHC even developed proposed language for reforming the Criminal Code. We didn’t need this expensive consultation.

A consequence of inaction

As I write this, people living with HIV are still being convicted of serious criminal offences and sentenced to years in prison for allegedly not disclosing their HIV status to sexual partners, even in situations where there was little to no risk of transmission.

Beyond the horrible, violent ways that HIV criminalization harms individuals—too numerous and too painful for me to recount here (see Alexander McClelland’s book on this topic)—we know that it has also caused significant harmful consequences for our wider communities. To quote a recent publication in the Canadian Journal of Public Health, HIV criminalization

“…is applied in uneven and discriminatory ways, hinders public health HIV prevention efforts, and has damaging effects on the everyday well-being, safety, security, and rights of people living with HIV. Studies also show that the mainstream press reinforces damaging, racist, stigmatizing messages about HIV in its coverage of criminal non-disclosure cases.”

If anyone reading this thinks they might be in favour of a criminal law response to HIV, let me ask you this: how many cases of HIV has the criminal law ever prevented? To answer this question, I’ll offer this quote from an article in the journal of Critical Public Health: “One of the defining features of the literature is the absence of a single study demonstrating that HIV criminalization has a positive impact on HIV prevention.”

HIV criminalization is killing people. I tell you this based on my own personal experience. As a criminalization survivor, I sometimes feel like I am being inexorably, slowly, killed by a brutal system that has abandoned me to poverty, precarious housing, stigma, discrimination and ongoing criminalization. I served my time, but there are so many other ways that my life is still criminalized today because of the unjust Criminal Code that persecuted me in the first place, and because of the government’s inaction and failure to right this historic wrong.

From inaction to action

I don’t want to end this piece with the government’s inaction. Instead, I want to leave us with a call to action. In the coming federal election, we can ask how parties and leaders will address community calls for criminal law reform. We can ask them to commit to taking real action: we don’t need another public consultation that goes nowhere.

Also, we can inform ourselves and others about the harms of HIV criminalization. I don’t know exactly where this quotation comes from, but it’s one that my friend, the late Cindy Stine, once told me: “If you don’t know your rights… you don’t have any!”

As we head into this next election, we as a community can keep HIV criminalization on the political agenda. We know that HIV criminalization harms public health—it harms everyone. Time to ACT UP!

I encourage you to stand with me by joining the Canadian Coalition to Reform HIV Criminalization. HIV IS NOT A CRIME!!

Chad Clarke has been living with HIV for more than 15 years. His personal experience of prosecution and imprisonment has transformed him into a passionate leader and activist working against the discriminatory criminalization of HIV non-disclosure. Chad’s voice has been a spark that has inspired many to get involved in the movement for change. He is a current member of the steering committee of the Canadian Coalition to Reform HIV Criminalization.

Colin Johnson is a Black gay man who has lived with HIV for the past 40 years. He has been an advocate for African, Caribbean and Black communities for decades, with a focus on queer folk and substance use. He is the co-chair of the Toronto Harm Reduction Alliance (THRA) and sits on the steering committee for the Canadian Coalition to Reform HIV Criminalization.

US: North Dakota Governor signs into law House Bill 1217 to reform outdated HIV criminalisation laws

North Dakota decriminalises State HIV laws

This week, Gov. Kelly Armstrong signed into law House Bill 1217, legislation to reform North Dakota’s outdated laws that unfairly criminalized and stigmatized people living with HIV. North Dakota is the fourth state in the country to fully repeal HIV criminalization laws and the first state in the Midwest to do so.

The ACLU of North Dakota, along nonprofit organizations like Shine Bright & Live and a bipartisan group of legislators, supported House Bill 1217.

“Laws that criminalize living with HIV fundamentally undermine the constitutional rights and dignity of individuals by penalizing them for a health condition rather than any criminal behavior,” said Cody Schuler, ACLU of North Dakota advocacy manager. “We are happy that North Dakota’s laws will now become more fair, less discriminatory and will promote treatment and prevention rather than criminalization. This is a huge step forward in reducing stigma, increasing HIV testing and humanizing those living with HIV,”

In the late 1980s and ‘90s at the height of the HIV epidemic, lawmakers throughout the country passed laws that criminalized otherwise legal behaviors of people living with HIV or added HIV-related penalties to existing crimes. These laws were based on fear and the limited medical understanding of the time. When most of these laws were passed, there were no effective treatments for HIV and discrimination against people living with HIV was rampant. Research now demonstrates that people living with HIV on effective treatment cannot transmit the virus to their partners. And HIV-negative individuals can take medication, known as PrEP (pre-exposure prophylaxis), to reduce the risk of acquiring HIV by up to 99 percent.

“The criminalization of HIV has harmed communities in North Dakota state for decades. It has done nothing other than spread fear and stigma, and it discouraged people from getting tested or knowing their status,” said Jason Grueneich, executive director and founder of Shine Bright & Live, a nonprofit organization that provides resources, support and advocacy for North Dakotans affected by HIV and AIDS. “HIV is not a crime, and we should not be treating those living with it as criminals. As a person living with HIV, I am thrilled to have been a part of this monumental progressive move forward in this national movement started by so many a decade ago.”

About the ACLU of North Dakota

The American Civil Liberties Union of North Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of North Dakota is part of a three-state chapter that also includes South Dakota and Wyoming. The team in North Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people.  In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women and LGBTQ+ and Two Spirit communities. The ACLU of North Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of North Dakota.