AIDS (Acquired Immune Deficiency Syndrome) and the Criminal Law: Needed Reform

• NCJ Number: 111066
• Author(s): D J Besharov
• Date Published: 1987
• Length: 8 pages
• Corporate Author: American Legislative Exchange Council
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services; American Legislative Exchange Council
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: State Factor, V 13, N 8 (December 1987)

Annotation

Because a number of studies have shown that a minority of AIDS (acquired immune deficiency syndrome) victims, knowing that they carry the AIDS virus, continue to place sexual partners at risk, States should pass criminal and civil laws specifically designed to deter such conduct.

Abstract

Most States do not have laws that adequately address the deliberate or reckless exposure of others to AIDS. Although many States have laws making the transmission of communicable diseases a crime, most are limited to specified diseases that do not include AIDS. Even those penal laws that do cover all communicable diseases, including AIDS, usually require an actual 'transmission' of the disease. Rarely can this be proven in AIDS cases. There is legal precedent for States to make it a felony to expose others deliberately or recklessly to the AIDS virus, whether or not the disease is transmitted and regardless or whether or not the exposed person tests positive for AIDS antibodies. Possible AIDS transmission through voluntary sexual contact requires special legislation because of the dual problems of consent and assumption of risk. At common law, for example, one is presumed to have assumed the risk of contracting venereal disease when consenting to sexual intercourse. 24 notes.