HIV & the law?

[Adicktedtobareback]

Hey guys,

Was wondering if anyone here knows what the laws are in the states regarding HIV transmission laws (what you can get into trouble for and what you cant) etc?

For example

A) If you don't disclose your status (assuming it's positive) can you face criminal charges?

If you disclose your status (assuming it's positive) and the person still decides to have sex with you is a crime being committed?

And what about those "anonymous" hookups (lights out/on all 4's/walk in-walk out, etc?

Do people really get prosecuted for this kinda shit or is most of the talk about it a bunch of bs

Thanks!

[BearOKC69_Poz]

Apparently it does vary from state to state...in some states you can be held legally liable even if it is consentual and both parties clearly know one is Poz (detectable or undetectable)

[Bttm2go]

You need to check the law in your state.

[Blueyedsoul]

Most states do have liability laws on the books. Even in some of the more liberal states, transmitting HIV knowingly and not disclosing it is a criminal/felony offense. Contrary to what you read on this site, much of it is fantasy, although there are some who truly do stealth. The consequences of non-disclosure is taken seriously by most bottoms and the law. I am a bottom who would have no issues prosecuting. I come at tops honestly and expect the same. Case in point, there have been many highly publicized news accounts of HIV poz tops being arrested and prosecuted for knowingly infecting bottoms.

[GreenChaser]

Yeah, in many states there are laws that treat a poz top fucking a neg btm without talking about status as attempted murder with a deadly weapon, some states even treat sex between poz tops and knowledgable neg partners as the same. it all depends on what you're area has on the books, and the state is obligated to give you detailed explanations of those laws.

despite most of this site's fictions and such, most states take transmition as serious business.

[Adicktedtobareback]

Thanks for the reply's...but I have to assume that most people who "care" about not being infected probably don't say anything, I think reporting is very rare. I mean all the shit I see on CL, BBRT, etc none of these guys seem to care (who claim they are neg) so I find it odd they would complain after the fact. I say keep all E-Mails, texts, etc, just in case. I can understand if you are poz and don't tell someone to a certain degree but if two consenting adults are honest with each other and both parties know what they are getting themselves into, I don't see how someone could still be prosecuted after disclosing their poz status and having proof to back it up.

I would think it's much more the exception rather than the rule (with regards to people whining to the police.) BTW...I'm in Virginia, where would I find the laws at? I've searched Google but come up with the usual (nothing you can trust.)

Edited December 8, 2013 by Adicktedtobareback

[BearOKC69_Poz]

Thanks for the reply's...but I have to assume that most people who "care" about not being infected probably don't say anything, I think reporting is very rare. I mean all the shit I see on CL, BBRT, etc none of these guys seem to care (who claim they are neg) so I find it odd they would complain after the fact. I say keep all E-Mails, texts, etc, just in case. I can understand if you are poz and don't tell someone to a certain degree but if two consenting adults are honest with each other and both parties know what they are getting themselves into, I don't see how someone could still be prosecuted after disclosing their poz status and having proof to back it up.

I would think it's much more the exception rather than the rule (with regards to people whinning to the police.)

I agree it is probably the exception and def odd to report it if you are looking for it, but it does happen...read recently (think it was MO) where a Poz top was being prosecuted even though he told the guy ahead of time (and if not mistaken the bttm was seeking it). May be a case of reality not meeting up with the fantasy or revenge on the top on a relationship gone bad etc.

[Adicktedtobareback]

Well that should be the persons problem to deal with, they made the choice, I don't see why the law has to come into play. That's bs lol, I'll have to ask a cop friend of mine who works in VA and see what he says.

[BearOKC69_Poz]

Did a quick google search on "HIV prosecutions" and found this among others:

http://positivelyaware.com/2012/12_03/prosecutingHIV.shtml

Think about that for a moment: Consenting adults. No intent to harm. Undetectable viral load. A condom was used. No HIV transmission. Twenty-five years in prison. This isn’t hypothetical; it is exactly what happened in a recent case in Iowa. In fact, as of July 2009 Iowa had convicted nearly 1% of all Iowans with HIV under their HIV-specific criminal statute.

There have been hundreds of prosecutions for HIV crimes in the U.S., all over the country. As of today, 36 states and territories have HIV-specific statutes, but a targeted law isn’t required to prosecute an HIV crime. These prosecutions usually have little bearing on the actual level of risk of HIV transmission, ignoring factors like whether a condom was used or the viral load of the person with HIV.

[breedmeup]

in Virginia:

§ 18.2-67.4:1. Infected sexual battery; penalty.

A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person is guilty of a Class 6 felony.

B. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without having previously disclosed the existence of his infection to the other person is guilty of a Class 1 misdemeanor.

Basically:

Pozzing will get you, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

Not disclosing infection will get you, possible confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

[Adicktedtobareback]

So now they are trying to tell us we can't even have sex if we're poz? Bullshit...

[hungry_hole]

So now they are trying to tell us we can't even have sex if we're poz? Bullshit...

That's what darkrooms and gloryholes in sex clubs are for. If I were poz that's where I would go so I wouldn't have to discuss HIV status.

[fuckboy20]

This is actually is very serious. I made a thread similar to this when I was escorting because I got bad advice from someone. This was just after I became poz and was wondering if I should tell my clients. He told me I shouldn't and I talked to some others and realized that in certain states you have to. So I did some research.

http://www.cdc.gov/hiv/policies/law/states/index.html

There was a better link I found somewhere without all the bullcrap tree maps to find the HIV part but I can't remember that link. But yes it does vary state by state. For GA for example. Not only do they consider you a threat to public health but any sexual contact with anyone without letting them know you are poz is a criminal offense. Not a warning or demeanor a full offense which can land you jail time.

I can't tell you how paranoid this made me in Atlanta when I lived there with clients and just hooking up especially after I became poz. I was honest from then on and told the guy I was poz and he diddn't have a problem. Surprisingly very few people had a problem with it and the ones who did were upfront from the start and I did nothing with them. I believe in Florida it's something like a little slap on the wrist or a warning. So yes this means sex clubs or wherever you go if your state is strict about it if someone can pinpoint you or prove it was you, you're fucked and not in a good way. This is something that got me extremely pissed off a while back especially living in GA. But only some states are like this so hopefully you aren't in a fucked state. There are various reports too about innocent people going to jail and being criminalized too because of HIV. Most of them involve women though..no surprise.

Men know how to be a bit more anonymous. Also the department of health hounds the fuck out of you to give you the name, address, and phone number of people you've played with. At least that's how they are in GA. Glad to be in Florida even the HIV Care down here is actually extremely good.

[Pig Bottom]

Hey guys,

Was wondering if anyone here knows what the laws are in the states regarding HIV transmission laws (what you can get into trouble for and what you cant) etc?

For example

A) If you don't disclose your status (assuming it's positive) can you face criminal charges?

If you disclose your status (assuming it's positive) and the person still decides to have sex with you is a crime being committed?

And what about those "anonymous" hookups (lights out/on all 4's/walk in-walk out, etc?

Do people really get prosecuted for this kinda shit or is most of the talk about it a bunch of bs

Thanks!

Florida had recently listed it as a crime for intercourse, meaning vaginal sex.

Recently I read about a guy in Florida who did not disclose, topped a guy safely with a condom was undetectable and they wanted to give him 20 years for not even transmitting it. He got 5 years probation.

no, as long as you disclose and the neg person decides to have sex it is not a crime.

Edited December 8, 2013 by Pig Bottom

[fillmyholeftl]

In Florida, and probably elsewhere, it is the exposure or intended exposure of HIV... the person doesn't have to become infected. I know it's archaic and "unfair", after all both parties should be responsible for asking/telling... but this is how the law stands in this state at least

Florida had recently listed it as a crime for intercourse, meaning vaginal sex.

Recently I read about a guy in Florida who did not disclose, topped a guy safely with a condom was undetectable and they wanted to give him 20 years for not even transmitting it. He got 5 years probation.

no, as long as you disclose and the neg person decides to have sex it is not a crime.