Newsfeed : Bill Introduced to Reform HIV Criminalization Law in Iowa

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

Back to home » Newsfeed » February 2014

Most Popular Links
Most Popular Lessons

The HIV Life Cycle

Shingles

Herpes Simplex Virus

Syphilis & Neurosyphilis

Treatments for Opportunistic Infections (OIs)

What is AIDS & HIV?

Hepatitis & HIV

15 Years Ago In POZ


More News

Click here for more news

Have news about HIV? Send press releases, news tips and other announcements to news@poz.com.


emailprint

February 21, 2014

Bill Introduced to Reform HIV Criminalization Law in Iowa

A bipartisan bill has been introduced in the Iowa legislature to reform its 709c law, KWWL reports. The current law states that a person has committed criminal transmission of HIV if that person has sex without disclosing his or her status, regardless of actual transmission.

The bill would make sentencing tiered instead of a one-size-fits-all system. Currently, being found guilty is a class B felony with a potential of 25 years in prison. Under the bill, it would remain a class B felony if someone intends to transmit HIV and does transmit.

However, it would be a class D felony if there is intent but no transmission or if there is no intent but transmission occurs. People found guilty under those circumstances would face a potential of five years in prison.

The bill also would stop classifying people sentenced as sex offenders and retroactively remove people who were sentenced from the sex offender registry. Further, prosecutors also would have to prove substantial risk of transmission instead of the current standard of only proving nondisclosure.

The current law is specific to HIV, but the bill also would include tuberculosis and meningococcal disease. Despite concerns, the Community HIV/Hepatitis Advocates of Iowa Network (CHAIN) and the LGBT group One Iowa support the bill as a step to reducing stigma.

The state law came to national attention in 2009 after Nick Rhoades, an HIV-positive Iowa man, was sentenced to 25 years in prison. He received the sentence despite using a condom to not transmit and not transmitting. His sentence was eventually suspended to five years of probation. Rhoades is currently seeking an Application for Post-Conviction Relief, which will be heard by the Iowa Supreme Court.

To read the article, click here.

Search: Iowa, criminalization, CHAIN, Nick Rhoades


Scroll down to comment on this story.



Name:

(will display; 2-50 characters)

Email:

(will NOT display)

City:

(will display; optional)

Comment (500 characters left):

(Note: The POZ team reviews all comments before they are posted. Please do not include either ":" or "@" in your comment. The opinions expressed by people providing comments are theirs alone. They do not necessarily reflect the opinions of Smart + Strong, which is not responsible for the accuracy of any of the information supplied by people providing comments.)

Comments require captcha.
Please enter this number for verification:

| Posting Rules



Hide comments

Previous Comments:


  comments 1 - 2 (of 2 total)    

amberlt, dallas, 2014-08-16 00:02:38
i just found out that my spouse of 11 years never told me he had hiv i live in texas there should be laws protecting innocent victims

Jerome Sexton, Bull Shoals, 2014-02-25 19:07:25
It is about time someone of rational reasoning is given a conscience thought to the unfairness of the current laws not only in Iowa but states such as Arkansas & others. Of course there will be an effort by many to avoid making any changes at all due to their own bigotries and prejudices.

comments 1 - 2 (of 2 total)    


[Go to top]

Join POZ Facebook Twitter Google+ MySpace YouTube Tumblr Flickr
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


    CuteBoyinQns
    Jackson Heights
    New York


    july8th69
    brooklyn
    New York


    usuallyhappy
    Palm Springs
    California


    jap022964
    el dorado
    Arkansas
Click here to join POZ Personals!
Ask POZ Pharmacist

Talk to Us
Poll
Is HIV/AIDS adequately portrayed in pop culture?
Yes
No

Survey
Pop Watch

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]
© 2014 Smart + Strong. All Rights Reserved. Terms of use and Your privacy.
Smart + Strong® is a registered trademark of CDM Publishing, LLC.