NCJ Number
155418
Date Published
1995
Length
5 pages
Annotation
The U.S. Sentencing Commission carried out a study and reviewed relevant case law in order to formulate recommendations for the revision of Federal sentencing guidelines vis-a-vis persons who knowingly expose other persons, through sexual contact, to the HIV virus.
Abstract
The Commission found that current Federal law does not specifically criminalize the knowing, intentional exposure of others to HIV through sexual activity; however, if such activity occurs within Federal jurisdiction and constitutes aggravated assault or attempted murder, or occurs during the course of another crime such as sexual assault, it may be punishable. A review of 235 Federal sexual abuse cases sentenced in 1993 showed that intentional exposure of others to HIV does not pose a significant problems in such cases; however, it may present a potential concern, particularly in the context of predatory sexual attacks within the Federal prison system. During the current sentencing guideline amendment cycle, the Commission will review public comment to determine whether specific enhancements should be added in the assault and sexual abuse guidelines to cover the intentional exposure of other persons to HIV.