NCJ Number
133930
Journal
Criminal Law Bulletin Volume: 27 Issue: 6 Dated: (November/December 1991) Pages: 483-503
Date Published
1991
Length
21 pages
Annotation
Illinois is among the growing minority of states that have criminalized the intentional transmission of HIV.
Abstract
The present Illinois HIV transmission statute fails to give individuals the appropriate warning necessary under the due process clause of the constitution to avoid the prohibited conduct. Moreover, the statute may be overbroad in its invasion of the right of privacy to engage in intimate relations with another. It is proposed that a new statute be enacted to replace the "intimate contact" prohibited under the present statute with "sexual contact" because sexual contact is not constitutionally overly broad and is the primary mode of transmission of the HIV virus. This statute should also be narrowly tailored to avoid arbitrary prosecution by law enforcement. 94 footnotes (Author abstract modified)