In the eighties, fear of the new virus, HIV, led to some horrifying laws, ones which made HIV a specific basis for criminal charges. They were always wrong but 34 states have laws that only apply to people with HIV.
Now Iowa is leading the way at ending that. In the legislative session just ended, SF2297 passed unanimously in both the Iowa House and the Iowa Senate. It goes now to Gov. Branstad who is expected to sign it.
What does the law do?
“HIV-specific” laws that apply only to people with HIV are on the books in 34 states. Individuals who have been convicted under these laws have sometimes received decades-long prison sentences—even those receiving effective treatment for HIV and those who engage in sexual activities that pose no or little risk of HIV-transmission, such as sex with a condom.
SF 2297 changes state law from being HIV-specific to include a number of infectious diseases. Additionally, it creates a tiered sentencing system that takes into consideration intent, actual risk of transmission, and whether transmission occurred.
According to the National Alliance of State and Territorial AIDS Directors, most HIV-specific prosecutions around the country are for failure to disclose HIV status and are not for transmission. Competing stories about verbal consent that are impossible to prove then become the crux of the prosecution’s case.
The specific infectious diseases now covered are hepatitis in any form, meningococcal disease, AIDS or HIV, or tuberculosis. Setting out to expose someone to infect them and their target becoming infected is a class B felony; intentionally exposing someone but not transmitting the disease is a class D felony; and failing to take precautions when infected is a serious misdemeanor. None of this applies to pregnancies.
If your state has laws that criminalize HIV, you can contact your legislators and point to an example of reversing these profoundly uncivil laws. I've looked for a list of the states, but with three-quarters of the states having them, odds are yours does. Here's a nifty interactive map that shows which laws are where!