February / March #99 : Jailbait

POZ - Health, Life and HIV
Subscribe to:
POZ magazine
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr MySpace
POZ Personals
Sign In / Join

Back to home » Archives » POZ Magazine issues

Table of Contents

Daring to Declare

Old Drugs, New Tricks




Go, Girl!


Tribute: Greg Smith

Service With a Smile

Karma Chameleon

That ’80s Show

Criminal Neglect



In Memoriam

The Great Depression


Getting Down

Norvir up by 400%

Guidelines Re-revised

Genital Hospital

Immune Up

Do Single HIVers Die Faster?

More than 50 percent

Growing Up Positive

Gum Up

Quick Study: Vitamins & Minerals

Editor's Letter


Unhappy Meal

Most Popular Lessons

The HIV Life Cycle


Herpes Simplex Virus

Syphilis & Neurosyphilis

Treatments for Opportunistic Infections (OIs)

What is AIDS & HIV?

Hepatitis & HIV

email print

February / March 2004


Disclosure isn’t always a choice

Twenty-four states have passed HIV-specific law

Disclosure isn’t always a choice

Twenty-four states have passed HIV-specific laws regarding disclosure, creating what Scott Burris, Beasley School of Law prof and co-principal of the HIV Criminal Law and Policy Project, calls “a crazy quilt of laws.” To make matters worse, “some states that don’t have disclosure laws have prosecuted under general laws like aggravated assault or reckless endangerment,” says Hayley Gorenberg, Director of Lambda Legal’s AIDS project.

About the only thing the 24 state laws have in common, says Burris, is the threshold for prosecution: Exposing someone else—you don’t have to transmit the virus to land in jail.

In these states, “as long as you know you have HIV, you can be arrested for having sex and not disclosing—whether you intended to infect someone or not,” Burris says. California is the only state with a “specific intent” clause. But the laws are “drastically unenforced.” Since 1986 his group has recorded 211 prosecutions and 142 convictions (mean sentence: six years).

What to do if you get in a, um, sticky disclosure situation? “Consult a lawyer,” says Gorenberg. “You need to speak with someone who has specific knowledge of laws in the state.”

Learn more about your state’s laws at www.hivcriminallaw.org.

[Go to top]

Facebook Twitter Google+ MySpace YouTube Tumblr Flickr Instagram
Quick Links
Current Issue

HIV Testing
Safer Sex
Find a Date
Newly Diagnosed
HIV 101
Disclosing Your Status
Starting Treatment
Help Paying for Meds
Search for the Cure
POZ Stories
POZ Opinion
POZ Exclusives
Read the Blogs
Visit the Forums
Job Listings
Events Calendar
POZ on Twitter

Ask POZ Pharmacist

Talk to Us
Did you participate in an event for National Black HIV/AIDS Awareness Day 2016?


more surveys
Contact Us
We welcome your comments!
[ about Smart + Strong | about POZ | POZ advisory board | partner links | advertising policy | advertise/contact us | site map]
© 2016 Smart + Strong. All Rights Reserved. Terms of use and Your privacy.
Smart + Strong® is a registered trademark of CDM Publishing, LLC.