NCJ Number
107913
Journal
Hofstra Law Review Volume: 14 Issue: 1 Dated: (Fall 1985) Pages: 91-105
Date Published
1985
Length
15 pages
Annotation
A discussion of the risks and transmission of AIDS focuses on the potential role of the criminal law in encouraging behavioral change to reduce the spread of AIDS infections and includes a proposed new criminal statute dealing with this issue.
Abstract
AIDS represents a major health catastrophe. The most effective and feasible method of limiting its spread in the near future is behavioral modification. Enforcing traditional criminal statutes involving offenses that could relate to AIDS transmission could be one helpful way to reduce its spread. However, these laws do not provide the specific guidance needed by infected individuals and public officials. The proposed new statute would prohibit the transfer of attempted transfer of presumptively infective bodily fluids. It also lists the specific types of unacceptable conduct related to AIDS virus transfer and makes the offense a second-degree felony. The draft statute follows the form of the Model Penal Code. A defense is provided for married persons who obtain the consent of their spouses after disclosing the risk, for persons using condoms, and for persons transferring bodily fluid on medical advise. 100 footnotes.