Criminal Liability in the Transmission of AIDS

• NCJ Number: 124551
• Author(s): J Luxenburg; T E Guild; R A Dubner
• Date Published: 1990
• Length: 15 pages
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Paper presented at the annual meeting of the Academy of Criminal Justice Sciences, Denver, Colo., March 13-17, 1990

Annotation

This analysis of the role of criminal sanctions in relation to the transmission of HIV and AIDS concludes that such approaches tended to be based on irrationality and scapegoating and that more meaningful efforts to deal with AIDS should be pursued.

Abstract

One approach has been to redefine the body of an HIV-positive person as a deadly and dangerous weapon. However, no case of HIV transmission by biting has been reported and confirmed. In addition, the existing laws regarding the transmission of venereal disease appear to be inadequate for dealing with AIDS. However, 12 states by 1988 had criminalized the act of knowingly exposing another person to HIV. Some laws and enforcement efforts have focused on prostitutes, although no cases have been documented regarding prostitutes as a source of HIV transmission and requirements for HIV tests of convicted prostitutes raise many constitutional issues. Thus, the legislation related to prostitutes appear to be an effort directed against a politically unpopular group rather than a genuine effort to protect the public.