HIV & the law?

[tin]

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

Intent to infect, and/or having sex without disclosing. Disclose your status and generally your fine.

[Adicktedtobareback]

Yea I'm fine with disclosing and all (if I ever become poz) although in anonymous situations (not at home, out of town etc) I probably would not lol. Guys know what they are getting themselves into when the fuck raw.

[rawTOP]

I did a little research and found Lambda Legal's run down of HIV criminalization laws by state…

fs_hiv-criminalization.pdf

It varies widely by state. Near me – NY & CT have no laws against it. But NJ does have laws against it. DC (where MAL is held) has no law against it, but Illinois (where IML is held) does, and so on.

When I dug a little further there is a provision in NY law about exposing someone to a "mortal danger", but given that HIV poz guys live relatively normal lifespans these days I don't think that would hold up in court.

But realize, disclosure may not be enough – in some states even with disclosure you're guilty.

[wood]

Yea I'm fine with disclosing and all (if I ever become poz) although in anonymous situations (not at home, out of town etc) I probably would not lol. Guys know what they are getting themselves into when the fuck raw.

Thats the issue, I do some work in HIV prevention and you would be SHOCKED to find out how little people know about how its transmitted and specific risk factors.

I did a little research and found Lambda Legal's run down of HIV criminalization laws by state…

It varies widely by state. Near me – NY & CT have no laws against it. But NJ does have laws against it. DC (where MAL is held) has no law against it, but Illinois (where IML is held) does, and so on.

When I dug a little further there is a provision in NY law about exposing someone to a "mortal danger", but given that HIV poz guys live relatively normal lifespans these days I don't think that would hold up in court.

But realize, disclosure may not be enough – in some states even with disclosure you're guilty.

Im on the fence about the criminalization of HIV transmission. I don't want to have this disease dragged into the courts, and I dont want guys crying foul who were properly informed, but felt bad later. However, there are others that I do feel deserve to be in prison.

"Stealthers" for example really irk me. There are plenty of people out there interested in condomless sex, why do they insist on disregarding a persons wishes. I have a feeling that at least on here, its mostly fantasy, but there are real world scenarios of people lying, or not informing partners even when asked about their status, and that IMO is wrong.

That being said doing things like being ass up in a bathhouse and asking no questions is not a criminal transmission IMO and I don't know of any cases of something like that being prosecuted. People that lie to partners or fuck buddies for years, telling a person they are neg? yeah that should be prosecuted. Just because HIV isn't automatic death now doesn't mean the vast majority of people want it. Its still expensive and debilitating.

[hungry_hole]

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... 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.

The fact that one has to, by law, disclose your HIV status is one of the reasons I don't wish I were poz. At the same time I don't blame poz guys who have sex in darkrooms and gloryholes or who even lie about their status when having sex in these anon settings (darkrooms, gloryholes, saunas). There has to be places where poz guys can free themselves from having to discuss their status and can just get into breeding or getting their holes bred.

[Guest JizzDumpWI]

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

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

while it is my opinion we are all responsible for our own health, the failing in the news story was failure to disclose. So if the undet poz guy profile said neg, while I disagree with the penalty (as no real harm was done); I see the cause of action. A lot of other posts related to this topic either directly or tangentially disclose the value of informed consent. It is unfortunate that some discriminate on basis of HIV status. I even get rejected for being on PrEP as some equate it with being poz. But we make sexual selections for all sorts of factors. Better to be fully honest and rejected than be covert and in prison.

[Guest bbncguy]

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.

The key is never discuss or tell a bottom you are going to poz them, if you disclose that you are poz and the bttm still elects to take the poz load then it is difficult to prove intent. I would also record the breeding so as the bttm is begging for the load or tells you not to pull out that could prove his negligence and refute the tops intent. Put it on the bttm...or in my case put it in my bottom...

Edited November 20, 2015 by bbncguy

[BarebackFan]

Given the new understanding of the inability of undetectable guys to pass HIV, and the protection of Truvada, the current laws need to reflect the new reality.

[snaketat]

i would prefer to keep the lawyers and the courts out of my ass.   i was recently pozzed by a guy stealthing.  i was chasing and he later told me the truth....but the deed had been done by that time.

 

 

i believe that once you choose to bareback....you have indicated your acceptance of whatever happens. perhaps that being said, if we all had more personal responsibility, we may have less need for all the legal crap that sucks life and $ out of society.

 

No doubt, there is a need to protect folks in a situation of unbalanced power (rape, age, position of authority) but for us common every day queers, let us fuck and if we take a chance....we deserve the prize we win.

 

one question....has anyone seen anything "real" on the concept of a poz tattoo satisfying the requirement to disclose?  i have looked for basic information and have not found much.....

[Guest jogupo754]

There is also the prosecutor's discretion to consider. If you infect someone who knows your status and decides to have sex with you anyway regardless of what the law says few prosecutors are going to want to take that case to trial. Remember you have a jury of regular people and once they find out the circumstances they are going to be sympathetic to the defendant and the prosecutor knows this especially in a case involving two men. If they offer you a plea deal call their bluff.

Also while around 36 states have laws criminalizing transmission again not all of these states have ever actually enforced these laws by bringing charges against someone. Just because a law exists doesn't mean it's a high priority for law enforcement relative to other more pressing concerns. If this is a very important factor for you try Washington, DC which has one of the highest HIV rates in the country and no history of prosecuting transmission at all due to the complications of bringing federal charges of this kind.