Human immunodeficiency virus (HIV) weakens the immune system by attacking the cells that fight infection and disease. As of today, the medical community has yet to come up with a cure for HIV, but with the right medical care, HIV can be controlled.

Certain individuals are at a higher risk of getting HIV due to factors, such as number of sex partners, substance abuse, and risk behaviors. Once HIV has destroyed many of the cells that fight infection, the HIV infection leads to AIDS, which can be life-threatening.

HIV Criminal Laws Are Enacted

During the early years of HIV, numerous states enacted HIV-specific criminal exposure laws, which generally punish people with HIV who know they are HIV positive but continue to expose others to the disease without informing them ahead of time.

The criminalization of STD offenses, including those dealing with HIV positive individuals are generally addressed under state law. An analysis conducted by the Centers for Disease Control and Prevention in 2011, found that there were 67 laws that focused on people living with HIV, which were enacted in 33 states.

For example, in Florida under Section 384.24, it's illegal for someone who is knowingly infected with HIV to have sex with another person, unless that person knows that the person tested positive for HIV. A violation of this section is a misdemeanor of the first degree, punishable by up to one year in jail, and up to a $1,000 fine.

Learn Your State's STD and HIV Laws

If you have tested positive for an STD such as HIV, we recommend familiarizing yourself with your state's HIV laws. While deciding to tell people about your HIV status is a personal choice, under certain circumstances you are legally required to disclose your HIV status, namely with current and future sexual partners.

Contact a criminal defense attorney who can explain your state's HIV laws!