[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 Since 2014, 18 states have either loosened or repealed laws against exposure to HIV and other STDs, according to the Center for HIV Law and Policy.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.

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Zimbabwe’s victory:
A beacon of hope for HIV justice amid global challenges

In a landmark victory for human rights, Zimbabwe repealed its HIV criminalisation law in 2022, marking a significant step forward in the global fight for HIV justice. This historic reform, detailed in a new case study and documentary by the HIV Justice Network (HJN), was the result of years of dedicated advocacy by Zimbabwean activists, legal experts, and community organisations. Their success serves as both an inspiration and a blueprint for other nations still grappling with punitive HIV laws.

For decades, Zimbabwe’s Section 79 of the Criminal Law Code unfairly targeted people living with HIV criminalising alleged transmission without regard for intent, transmission risk, or scientific evidence. These laws, rooted in stigma rather than science, disproportionately harmed women, but mostly deterred men from seeking testing and treatment. The repeal of Section 79 was a hard-won victory that showcased the power of coalition-building and sustained advocacy.

Yet, as we celebrate Zimbabwe’s progress, we must confront a sobering reality: the global movement for HIV decriminalisation faces an existential crisis due to dwindling funding. Many donors are shifting priorities, putting essential advocacy work at risk. The HIV response itself is in peril, making it even more critical to sustain efforts to challenge unjust laws and protect the rights of people living with HIV.

The HIV Justice Network has been at the forefront of this struggle, playing an irreplaceable role in co-ordinating the global movement against HIV criminalisation. In a recent meeting, our HIV JUSTICE WORLDWIDE coalition partners re-affirmed the immense value of our work, emphasising our deep institutional knowledge, comprehensive legal monitoring, and convening power. Our two databases – the Global HIV Criminalisation Database and Positive Destinations – are vital resources for advocates, helping to expose patterns of injustice and build evidence-based arguments for reform.

Moreover, in environments where local organisations face political or legal risks, we serve as a powerful global voice, shining a spotlight on abuses and advocating for change. The network’s ability to bring together diverse stakeholders – activists, lawyers, researchers, and policymakers – ensures that no-one is fighting this battle alone.

Despite the funding crisis, the fight for HIV justice has never been more urgent. Punitive, discriminatory, outdated laws and policies continue to undermine public health efforts, fuel stigma, and violate human rights. The repeal of Zimbabwe’s HIV criminalisation law is a powerful reminder that change is possible, but it does not happen in isolation. It requires sustained, co-ordinated efforts – exactly the kind of work that HJN has championed for years.

The Zimbabwean victory is a beacon of hope, but it also serves as a call to action. We must not allow financial constraints to derail the progress we have fought so hard to achieve. Now, more than ever, we need to stand together to ensure that HIV criminalisation becomes a relic of the past. The future of HIV justice – and, therefore, the HIV response itself – depends on it.

Ukraine: Parliament approves bill removing HIV criminalisation article from criminal code

A separate article for HIV or other incurable infectious disease virus will be removed from the Criminal Code – the Verkhovna Rada has approved the changes

Translated with Deepl.com – Scroll down for original article

The Verkhovna Rada has approved a bill presented by Oleksandra Ustinova, which proposes to remove a separate article for HIV infection from the Criminal Code. According to the authors, the criminalisation of HIV/AIDS and sexually transmitted diseases is a ‘Soviet tradition’.

The Verkhovna Rada has passed in the first reading a bill that proposes to exclude Article 130 from the Criminal Code, which provides for criminal liability for infection with human immunodeficiency virus (HIV) or other incurable infectious disease.

The corresponding draft law No 9398 was introduced by MPs Oleksandra Ustynova, Mykhaylo Radutskyy and others.

The bill also proposes to remove from Article 131 of the Criminal Code the responsibility of medical workers for improper performance of their duties, which led to the infection of a person with another incurable disease.

As the authors note, ‘the Criminal Code of Ukraine, preserving the Soviet tradition of criminalising infection with only sexually transmitted diseases, actually provides liability for infection with HIV/AIDS (Article 130 of the Criminal Code) and venereal diseases (Article 133 of the Criminal Code).’

‘This situation leads, on the one hand, to the existence of a gap in the criminal-legal protection of a person from guilty actions resulting in the infection of a communicable disease, on the other hand, to the stigmatisation of persons on the basis of their health condition.

The said stigmatisation consists in the fact that primarily HIV-positive people, as well as people suffering from venereal diseases are under the threat of criminal liability and are regarded as potential criminals,’ the people’s elected representatives point out.

However, it is not clear enough why the authors decided to remove liability for medical workers as well, and whether this is a ‘Soviet tradition’ or just a simplification of life for negligent doctors who infected a healthy person.

The proposed changes, according to the MPs, ‘will enable HIV-positive people, people suffering from AIDS or venereal diseases to focus their efforts on treatment and the quality of their own lives, rather than fighting fears of being punished’.

At the same time, the MPs also point out that ‘Ukraine is currently facing the challenge of a new wave of HIV epidemic’ and ‘one of the effective mechanisms to reduce the spread of HIV is decriminalisation of contact and transmission of the disease’.

‘According to estimates by international organisations, there were more than 240,000 HIV-infected people in Ukraine at the time of the full-scale invasion, each of whom is already potentially the subject of an offence under Part 1 Article 130 of the Criminal Code.

Given the manifestation of HIV in the temporarily occupied territories, the state and society as a whole should already create conditions to prevent HIV epidemics after their de-occupation. People’s fear of potential criminal liability will lead to reluctance to undergo screening, which will have a negative impact on the epidemic situation. In addition, the existence of liability for knowingly putting another person at risk of HIV infection makes it possible to interfere in a person’s private life, restrict his or her right to reproduction and normal coexistence with the outside world,’ the authors of the bill believe.

Из Уголовного кодекса уберут отдельную статью за заражение ВИЧ или вирусом другой неизлечимой инфекционной болезни – Верховная Рада одобрила изменения

Верховная Рада приняла за основу законопроект Александры Устиновой, которым предлагается исключить из Уголовного кодекса отдельную статью за заражение ВИЧ, ведь, по мнению авторов, криминализация заражения ВИЧ/СПИДом и венерическими заболеваниями – это «советские традиции».

Верховная Рада приняла в первом чтении законопроект, которым из Уголовного кодекса предлагается исключить статью 130, предусматривающую уголовную ответственность за заражение вирусом иммунодефицита человека (ВИЧ) или другой неизлечимой инфекционной болезни.

Соответствующий законопроект №9398 внесли народные депутаты Александра Устинова, Михаил Радуцкий и другие.

Также законопроект предлагает убрать из статьи 131 УК ответственность медицинских работников за ненадлежащее исполнение их обязанностей, что привело к заражению человека другой неизлечимой болезнью.

Как отмечают авторы, «Уголовный кодекс Украины, сохраняя советские традиции криминализации заражения только болезнями, передающимися половым путем, фактически предусматривает ответственность за заражение ВИЧ/СПИДом (статья 130 УК) и венерическими заболеваниями (статья 133 УК)».

«Такая ситуация приводит, с одной стороны, к существованию пробела в уголовно-правовой защите человека от виновных действий, повлекших заражение инфекционной болезнью, с другой – к стигматизации лиц по состоянию здоровья.

Указанная стигматизация заключается в том, что под угрозой уголовной ответственности находятся, в первую очередь, ВИЧ-позитивные люди, а также люди, страдающие венерическими заболеваниями, которые рассматриваются как потенциальные преступники», – указывают народные избранники.

Впрочем, недостаточно понятно, почему авторы решили убрать ответственность и для медицинских работников, и является ли это «советскими традициями» или просто упрощением жизни для нерадивых медиков, повлекших заражение здорового человека.

Предложенные изменения, по мнению народных избранников, «дадут возможность ВИЧ-позитивным людям, людям, страдающим СПИДом, или страдающим венерическими болезнями, сосредоточить свои усилия именно на лечении и качестве собственной жизни, а не борьбе со страхами быть наказанными».

При этом одновременно народные депутаты также указывают, что «в настоящее время Украина стоит перед вызовом новой волны эпидемии ВИЧ» и «одним из действенных механизмов уменьшения распространения ВИЧ является декриминализация контактов и передачи заболевания».

«По оценочным данным международных организаций, в Украине на момент полномасштабного вторжения находились более 240 000 ВИЧ-инфицированных, каждый из которых уже потенциально является субъектом преступления, предусмотренного ч. 1 ст. 130 УК.

Учитывая проявление ВИЧ на временно оккупированных территориях, государство и общество в целом уже должны создать условия для недопущения эпидемии ВИЧ после их деоккупации. Страх людей перед потенциальной уголовной ответственностью приведет к нежеланию проходить обследование, что негативно повлияет на эпидемическую ситуацию. Кроме того, наличие ответственности за сознательное поставление другого лица в опасность заражения ВИЧ делает возможным вмешательство в частную жизнь человека, ограничение его права на репродукцию и нормальное сосуществование с окружающим миром», – считают авторы законопроекта.