Criminalization of Human Immunodeficiency Virus in the United States

HIV laws have not kept pace with medical and scientific advancements regarding the transmission and treatment of HIV. As a result, they criminalize behaviors that pose little risk of transmission and punish people who cannot or do not infect others. Effective treatments for HIV mean that people with knowledge of their HIV status can receive medication that makes them unable to transmit the virus. 84 The reality is that for most people HIV is managed similar to other chronic health conditions. Unfortunately, HIV criminal laws present a very real racial and social justice issue. Disparities in HIV prevalence mean that HIV criminal laws disproportionately influence people of color and those with intersecting marginalized identities. Research has found that the majority of people arrested under these laws are Black Americans, women, transgender and gender nonconforming people, the poor and homeless, and people experiencing substance use and mental health disorders. Arresting, prosecuting, and imprisoning individuals for HIV exposure crimes inflict further harm on already marginalized communities. Strong support for repeal of HIV criminalization laws has been expressed by numerous medical associations and governmental agencies for the good of all people with HIV and for the public's health.