HIV Criminalization: What We Know, The Williams Institute, UCLA School of Law (2017)

Fact Sheet

This fact sheet from The Williams Institute highlights significant findings from its research on HIV criminal laws in California. Conduct criminalized includes condomless anal or vaginal sex with intent to transmit HIV and without HIV status disclosure, as well as donation of blood, tissue, semen, or breast milk for people living with HIV (PLHIV) who know their HIV status. It also enhances the criminal penalty for PLHIV convicted of solicitation and for sexual assault crimes.

Particularly notable findings include that:
• 98% of convictions required no proof of intent to transmit HIV;
• 93% of convictions required no proof of conduct that is likely to transmit HIV;
• HIV criminal statutes disproportionately affect women, people of color, and immigrants living with HIV, and they are disparately enforced based on race/ethnicity and gender; and
• felony solicitation enforcement has disproportionate impact on LGBTQ youth and transgender women of color.