• A person’s HIV status may lead to higher prison sentences for felony sex offenses.
• The Alaska Department of Health and Social Services may quarantine or isolate people with HIV or an STI and may disclose an individual’s identifiable health information during the course of a legal proceeding. 

Bottom line: Unfortunately, there are no protections under the law for people with HIV in Alaska. Instead, people may encounter enhanced sentences because of their status. Learn more about Alaska’s disclosure laws.

• In Arizona, there are no criminal statutes explicitly addressing HIV exposure.
• However, people with HIV or other STIs may be prosecuted with a misdemeanor for exposure even without transmission.
• People with HIV may qualify for mitigation or reduction of their prison sentences because of their status.

Bottom line: While there are no laws explicitly addressing HIV exposure, people can still be charged for exposure without transmission for an STI.
Learn more about Arizona’s disclosure laws.

• People with HIV may be criminally charged for a range of acts, from general criminal laws like aggravated assault to the criminal exposure statute. If convicted of the latter, one may be required to register as a sex offender.
• It’s a misdemeanor to not disclose one’s HIV status before receiving medical treatment, punishable by a $2,500 fine and/or one year in prison.
• A person’s medical files may be used in their prosecution for criminal exposure to HIV. 

Bottom line: Sadly there are no protections for people with HIV in Arkansas. Based on outdated facts and research, laws allow harsh charges to be convicted, including a requirement to register as a sex offender.
Learn more about Arkansas’ disclosure laws.

• People with HIV may be prosecuted for “specific intent” to transmit, in addition to conviction under general criminal laws.
• If a person with HIV or an STI disregards a health officer’s instructions, they may be charged with a misdemeanor.
• The defendant and witness charged under California’s intentional transmission statute are entitled to privacy protections.
• People with HIV may receive increased sentences or aggravated assault charges for sex crimes.
• Before 2018, a person with HIV convicted of prostitution could be found guilty of a felony and imprisoned for up to three years. Fortunately, this is now invalid and vacated.
• A person who engaged in sex work and is currently serving a sentence for prostitution while with HIV may request the court to dismiss or recall their sentence.

Bottom line: California has passed laws to better reflect updates and advances about HIV, from invalidating old laws to providing new protections not previously present. While status can still play a factor in convictions and sentences, California is perhaps one of the best states for people with HIV.
Learn more about California’s disclosure laws.

• People with HIV in Colorado may receive more severe sentences for sex offenses like sexual assault because of their HIV status. Even if applied leniently, this statute allows a person with HIV to receive triple the minimum sentence a defendant would otherwise receive for the same crime.
• HIV exposure cases have been prosecuted under general criminal laws in Colorado.
• State or local health authorities may impose restrictive measures for people with HIV, such as an order to cease and desist from conduct deemed a “risk to public health.”

Bottom line: Unfortunately, Colorado laws allow people with HIV to receive more severe sentences because of their status. Even if applied lightly, a person can receive triple the sentence simply because they have HIV. Disclose when you can, and have proof if possible.
Learn more about Colorado’s disclosure laws.

• In Connecticut, there are no criminal statutes explicitly addressing HIV exposure.
• A person housed in a correctional facility may be barred from release if they have an infectious disease. While not clearly defined, this can include a wide range of STIs from syphilis to HIV.

Bottom line: Connecticut does not have any criminal statutes explicitly addressing HIV exposure. However, people with HIV have been prosecuted for exposure under general criminal laws, so disclose when you can and have proof if possible.
Learn more about Connecticut’s disclosure laws.

• In Delaware, there are no explicit statutes criminalizing HIV transmission or exposure except for organ, tissue, or semen donations.
• People with an STI may be required to undergo mandatory examination and treatment, in addition to isolation or quarantine with a fine for non-compliance.

Bottom line: While Delaware does not have any criminal statutes explicitly addressing HIV transmission or exposure, people with HIV have been prosecuted under general criminal laws.
Learn more about Delaware’s disclosure laws.

• People living with HIV may be charged with a felony for failure to disclose their status to a sexual partner, whether or not a condom is used.
• People can still be convicted of a crime even if they do not transmit to anyone else.

Bottom line: While Florida has no protection for individuals living with HIV. Disclose when you can and have proof of disclosure, if possible.
Learn more about Florida’s disclosure laws.

• It is against the law to not disclose HIV status prior to engaging in any sexual activity (anal, oral, or penile-vaginal sex) with another person, regardless of intent or HIV transmission. Neither viral load or use of a condom can serve as a defense during prosecution.
• It is against the law to share needles or syringes without first disclosing HIV status, regardless of intent or transmission.
• It is a felony to engage in sex work without first disclosing HIV status, regardless of risk or or actual HIV transmission.
• It is against the law to donate blood or body tissues without first disclosing HIV status.
• It is against the law to use bodily fluids as an assault, with the intent to transmit HIV, against any peace or correctional officer engaged in their duties, even if HIV is not transmitted, under Georgia’s “HIV reckless conduct statute.”

Bottom line: While Unfortunately, there are limited protections under the law for someone living with HIV in Georgia. In many scenarios, it is required by law to disclose HIV status, and a violation can result in felony penalties. 
Learn more about Georgia’s disclosure laws.

• In Hawaii, there are no criminal statutes explicitly addressing HIV or STI exposure. However, people with HIV have been prosecuted for exposure under general criminal laws such as reckless endangerment or aggravated assault.

Bottom line: Hawaii does not have any laws explicitly addressing HIV exposure. However, people with HIV can be prosecuted under general criminal laws. 
Learn more about Hawaii’s disclosure laws.

• In Nevada, people with HIV can be charged with two to 10 years in prison and a $10,000 fine for engaging in conduct known to transmit HIV, even without intent to expose or actual transmission.
• People with HIV can be charged with a misdemeanor for engaging in sex work.
• Health authorities have broad powers to prevent transmission of an infectious disease and may require a medical examination of a person they suspect has an infectious disease.

Bottom Line: Nevada’s laws unfairly charge people with HIV and do not reflect current knowledge about transmission. Especially since neither intent nor actual transmission are required for prosecution, disclose when you can and have proof if possible. Learn more about Nevada’s disclosure laws. 

• There are no criminal statutes explicitly addressing HIV exposure, but people with HIV have faced prosecution under general criminal laws.
• People with HIV may be subject to mandatory testing, treatment, quarantine, and isolation.

Bottom Line: While there are no laws explicitly surrounding HIV exposure, people have been prosecuted under general criminal laws and are subject to broad powers for health officials. Disclose when you can, and learn more about New Hampshire’s disclosure laws. 

• It is against the law to engage in any sexual activity without first disclosing HIV status, regardless of intent to transmit, or actual transmission of HIV. Sexual activities in the law encompass oral, anal, vaginal, and penetration of either the anus or vagina by the person’s hand, finger, or other object.

Bottom Line: The laws in New Jersey require disclosure of status prior to engaging in any sexual activity and informed consent of the partner. There are also cases in which people living with HIV in New Jersey have been found guilty of attempt to murder regardless of transmission, and in two cases for biting corrections officers (despite the fact saliva does not transmit HIV).
Learn more about New Jersey’s disclosure laws.

• There are no statutes explicitly criminalizing HIV or STI transmission or exposure in New Mexico.

Bottom Line: Thankfully there are no laws criminalizing HIV exposure in New Mexico. Learn more about New Mexico’s disclosure laws. 

• A person living with an STI (including HIV), may be guilty of a misdemeanor if they have sex with another person, whether or not they have disclosed or used a condom.
• Bodily fluids of someone with HIV are not considered a deadly weapon. 

Bottom Line: Sadly, there is little protection from the law for someone with HIV. Bodily fluids are not considered a deadly weapon, but sexual relations with anyone puts someone living with HIV at risk of a misdemeanor.
Learn more about New York’s disclosure laws. 

• If an HIV-positive person is in care, adherent to meds, and undetectable for at least six months, they do not have to disclose to sexual partners.
• People who are not in care, not following a treatment plan, or have a detectable viral load do have to disclose HIV status to partners.
• If a person is undetectable for at least six months, their partner is HIV-positive or a negative partner is on PrEP, the HIV-positive person does not have to use a condom. 

Bottom Line: If you are in care and undetectable, you are not, under law, required to disclose your status.
Learn more about North Carolina’s disclosure laws. 

• In North Dakota, one must disclose their HIV status before sexual activity and must use condoms or other forms of protection.
• People with HIV may face criminal charges for sharing needles.
• Sex workers with HIV may have their medical records released by the state health officer.

Bottom Line: With neither intent nor actual transmission required for conviction, be sure to disclose your status and have proof of disclosure if possible. North Dakota’s laws do not reflect current research on HIV, so keep up to date with their disclosure laws.
Learn more about North Dakota’s disclosure laws. 

• People with HIV can be prosecuted for failing to disclose their status to their sexual partners by up to eight years in prison.
• If you are prosecuted for failing to disclose your HIV status to someone before sex, you may be required to register as a sex offender.
• People with HIV may face enhanced criminal penalties for prostitution.
• People with HIV may face enhanced penalties for exposing others to any bodily fluid like spitting, regardless of the fact that some are not known methods of transmitting HIV.

Bottom Line: Ohio does not have any protections for people with HIV, but instead provides enhanced criminal penalties for failing to disclose status. From laws prosecuting acts that do not transmit HIV to requiring to register as a sex offender if convicted, be sure to disclose in Ohio when you can and have proof if possible.
Learn more about Ohio’s disclosure laws. 

• People with HIV can face felony charges for failing to disclose their status to sexual partners, with up to five years in prison.
• People with HIV have been prosecuted under Oklahoma’s criminal HIV exposure law for spitting and biting despite remote to no risk of transmission.
• Public health officials may order mandatory examination, treatment, or quarantine of a person with HIV.

Bottom Line: People with HIV may face harsh penalties for failing to disclose their status, and may be required to undergo mandatory examination and treatment by health officials. Oklahoma’s laws reflect outdated information about HIV, so stay up to date with their disclosure laws.
Learn more about Oklahoma’s disclosure laws. 

• There are no criminal statutes explicitly addressing HIV exposure, but prosecutions have been charged under general criminal laws, including attempted murder, assault, and reckless endangerment.
• It is a crime in Oregon to willfully transmit a communicable disease.

Bottom Line: While there are no criminal statutes explicitly addressing HIV, people have been prosecuted under general criminal laws. Keep up to date with Oregon’s disclosure laws with the link below.
Learn more about Oregon’s disclosure laws. 

• It is a punishable felony in Virginia for anyone living with HIV who knows their status and engages in oral, anal, and sex with the intent to transmit HIV to the other person, regardless if transmission occurs. This law also applies to syphilis and Hepatitis B.
• It is against the law, regardless of intent to transmit, to not disclose HIV status prior to engaging oral, anal, or vaginal sex.
• It is against the law to donate blood, tissues, organs, or other bodily fluids if the donor is or was infected with HIV; however, the individual must have been instructed that these items may transmit infection.

Bottom Line: It is illegal to intentionally transmit HIV regardless of transmission, or to engage in any sexual activity without prior disclosure, regardless if there is no intent to transmit.
Learn more about Virginia’s disclosure laws.

• A person may be prosecuted for exposing or transmitting HIV to another person with the intent to cause bodily harm, but can include activities that pose little to no risk of transmission like spitting or oral sex.
• However, disclosure of one’s HIV status may be a defense to prosecution. 
• People with HIV can be subject to mandatory examination, testing, medical treatment, or detention.

Bottom Line: Unfortunately, Washington’s laws surrounding HIV transmission and exposure are based on outdated information and do not reflect current research about HIV. People can be prosecuted for acts that do not transmit HIV, so disclose when you can and have proof of disclosure if possible.
Learn more about Washington’s disclosure laws. 

• There are not currently any laws in D.C. that criminalize any sexual conduct based on HIV status, however, there are also not any protections under the law.

Bottom Line: You are neither protected nor criminalized in D.C. if you are living with HIV for engaging in sexual or other activities.
Learn more about Washington D.C.’s disclosure laws. 

• West Virginia has a communicable disease statute that criminalizes exposure to STIs, including HIV.
• Public health officials can mandate treatment for an STI and impose isolation, quarantine, or other restrictive measures.

Bottom Line: Even though West Virginia does not have any laws explicitly about HIV, there are statutes that criminalize exposure to STIs, including HIV. Health officials have broad powers to mandate treatment or restrictive measures.
Learn more about West Virginia’s disclosure laws. 

• While Wisconsin has no statute explicitly criminalizing HIV transmission or exposure, HIV status or infection may lead to heightened penalties for certain sex offenses.
• Arrests and prosecutions for HIV exposure have also occurred under general criminal laws.

Bottom Line: Wisconsin does not have any laws explicitly addressing HIV exposure, but status may play a factor in determining penalties. Prosecutions have also been made under general criminal laws, so disclose when you can and have proof if possible.
Learn more about Wisconsin’s disclosure laws. 

• There are no criminal statutes explicitly addressing HIV exposure.
• A person accused of a crime involving the “exchange of bodily fluids” is required to submit to HIV and STI testing, which could be used in a criminal prosecution.
• A person with HIV can be isolated and required to undergo examination and treatment.

Bottom Line: While there are no laws explicitly addressing HIV exposure, there are statutes that may require testing, isolation, and examination of people with STIs. Learn more about Wyoming’s disclosure laws.