January 28, 2008

South Dakota Senate Says Intentional HIV Infectors Must Register as Sex Offenders

On January 24, the South Dakota Senate approved legislation that would require people who are convicted of intentionally infecting sex partners with HIV to register as sex offenders upon being released from prison, reports the Associated Press/Rapid City Journal (rapidcityjournal.com, 1/24).

According to State Senator Sandy Jerstad (D-Sioux Falls), the maximum prison term for intentionally spreading HIV is 15 years. “[The] victims will have to take HIV tests for years, and they live with the consequences of this crime for the rest of their lives,” she said.

The article reports two people in South Dakota have been convicted of intentionally spreading HIV. The legislation is now on its way to the state House.

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Previous Comments:

jeff, Richmond, 2008-02-04 03:05:33
YES, persons that intentionally try to or are succesful in infecting another person should be convicted. The victim of the crime, will only have to live with it IF they become infected. The perpetrator, however, should still serve the maximum that each state allows.

Steve, Tampa, 2008-01-29 17:52:08
Once again, personal responsibility is given a blind eye in favor of more corrupt legislation to jail our nation's citizens and stigmatize a select group of people as a whole.

nvhorseman, , 2008-01-29 15:07:00
just to let you folks know, the Rapid City Journal that posted this story is not taking any responses to this article at this time. Now there's freedom of speech in action.

nvhorseman, , 2008-01-29 14:11:42
What happens in SDakota when a hetero, carrying the Papilloma virus which kills thousands of women from cervical cancer every year, a virus passed from a man to a woman or another man (who may develop rectal cancer!) infects a woman with the HPV virus? Do they go to jail for murder? Every legislator in SDakota should be tested for the virus and if found positive and has a wife, he should be thrown into jail for 15 yrs! or 30! Death is death and youre guilty if you carry the HPV viurs.

nvhorseman, , 2008-01-29 14:04:05
What happens when the condom leaks, or the drunk guy on the recieving end cant remember the HIVpoz top who infected him a week ago but can remember the HIV top who may not have infected him last nite. Who gets the blame? This law was not thought out all all. Ignorant legislators in S. Dakota. No wonder all the young people are leaving the state. Your education system stinks S.D. and your lgislators carry the same smell and lack of brains. Deplorable and unconstitutional. Into the courts!!

nvhorseman, , 2008-01-29 13:52:20
SDakota now joins Nevada as being a sex Gestapo state If you have sex and are HIVpoz you go to jail for fifteen years and come out labeled a sex offender just like you were a child predator. If you drive drunk and kill someone you go to jail for three to five and come out with no label. Wherez the justice in that!!!!

Connie, , 2008-01-29 13:48:06
Victims will have to be tested for years? It seems they are lacking in basic knowledge of this disease. I guess that is why they made this stupid law. Ignorance is the crime here and this is the proof.

Mel Byrd, Garland, TX, 2008-01-29 12:39:55
While I understand the need to make someone who intentionally spreads HIV what I don't understand is that there is no indication that other communicable diseases will be treated similarly. I fear it will further stigmatize poz folks and not place the attention on the behavior where it belongs instead. It feels like the virus (and as a consequence potentially its carriers) is being criminalized. Slippery slope table for South Dakota? I can't believe it was a 34 to freaking 0 vote.

Jim, Columbus, 2008-01-29 10:41:48
I wonder if they will do the same for people who spread genital herpes? I also wonder how long it will be before they completely criminalize the spread of HIV. While I agree that no one should intentionally pass this disease on, adding more stigma and difficulty hardly seems the way to combat the situation. Does self responsibility ever come into play? It seems they are putting all the responsibility on the person with HIV- and giving everyone else a hallpass to have indiscriminate sex.

kginarlington, Washington DC, 2008-01-29 09:17:28
What is "intentional"? Does that mean purposefully wanting to infect another individual or does it mean having "unsafe sex"?