What is HIV Criminalization?
HIV criminalization means using laws and policies to punish people living with HIV for non-disclosure of status, perceived exposure to HIV, or transmission of the virus. Laws vary by state. Some punish oral, anal, or vaginal sex; exposure to saliva or blood; sharing needles; and donating organs, semen, blood, or breast milk.1 Many of these acts that are criminalized, like having sex with an undetectable viral load, spitting, or biting, don’t actually transmit HIV.2
Where Are We Now?
What Can Be Done?
- Support federal legislation to end HIV discrimination and incentivize states to repeal or modernize HIV criminalization laws.
- Treat drug use as a health issue, not a crime. End criminal penalties for drug use, remove barriers to jobs and housing for people with drug convictions, and invest in evidence-based and non-punitive harm reduction initiatives.
- Support sentencing reforms, such as the Smart Sentencing Adjustment Act, that rewards states for shrinking their prison populations; prohibits enacting punitive sentencing laws like mandatory minimums or truth in sentencing; and establishes funding for organizations led by or serving formerly incarcerated individuals.10
- Repeal or modernize state HIV criminalization laws. Removing or updating these outdated laws—which fuel stigma and undermine testing, treatment, and prevention—to align with modern science and human rights. A recent law change in Louisiana proves that HIV modernization is possible!11
- End unnecessary reporting and surveillance in healthcare. Health departments track HIV drug-resistance data to map transmission.12 This data can be misused in criminal or immigration legal matters.13 States should protect this data from police, courts, and immigration officials, require consent before collecting it, and end mandated reporting rules that scare people away from care.14
- Ban law enforcement from signing cooperation deals with ICE. These deals are known as 287(g) agreements and effectively turn state and local law enforcement into ICE agents.15 Information sharing and collaboration between police and ICE can further expose immigrants living with HIV, especially those who are Black, Brown, queer, transgender, or undocumented, to harassment, detention and deportation.16
Special Thanks To Our Contributors
- Bee (Brandi) Velasquez
- LaDawn Tate
- Melanie A. Reese
- Kneeshe Parkinson
- Valerie Pinkston
- Brooke Davidoff
- Alyssa Crawford
And a huge shout out to our past intern Treasure Welle for writing our updated factsheets!