Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws

Authors

• Michael L. Closen, UIC School of LawFollow
• Mary Anne Bobinski, Emory University School of LawFollow
• Donald H.J. Herman, DePaul University College of LawFollow
• John F. Hernandez, St. Thomas University College of LawFollow
• Gene P. Schultz, St. Louis University School of Law
• J. Kelly Strader, Southwestern Law School, Los AngelesFollow

Author ORCID Identifier

Mary Anne Bobinski 0000-0003-0490-4843

Document Type

Article

Publication Date

1994

Keywords

Criminal statutes, HIV-AIDS, State statutes, Sexual behavior, HIV transmission, Prosecution

Abstract

Unfortunately, the HIV-AIDS epidemic is still out of control. According to federal esti­mates, another American becomes infected with HIV every thirteen minutes; consequently, eight people in the United States will contract HIV during the course of this program. Many individuals have been prosecuted and convicted for exposing others to HIV and in rare circum­stances for actually transmitting HIV to others. These cases have involved activities such as bit­ing, spitting, throwing bodily substances, and sexual conduct.

Serious questions have been raised about some of the prosecutions as well as the HIV-specific criminal statutes which have been adopted. This discussion will address prosecutions under traditional criminal statutes. Addi­tionally, the HIV-specific statutes themselves will be considered, including whether they are constitutional as well as consistent with sound public health policy and criminal law policy.

First Page

921

Publication Title

Arkansas Law Review

Recommended Citation

Michael L. Closen, Mary Anne Bobinski, Donald H.J. Hermann, John F. Hernandez, Gene P. Schultz & J. Kelly Strader, Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws, 46 Ark. L. Rev. 921 (1994).