The Criminalization of Knowingly Transmitting AIDS

Table of Contents

Brief history of AIDS and the criminalization of knowingly

transmitting it.......................................3

Interviews concerning the issue............................4

Reasons for the criminalization of knowingly transmitting

AIDS..................................................5

Reasons against the criminalization of knowingly

transmitting AIDS.....................................7

My position and conclusion.................................8

Brief History of AIDS and the Criminalization of Knowingly Transmitting It

Acquired Immune Deficiency Syndrome (AIDS) is caused by the Human

Immunodeficiency Virus (HIV). The virus was discoverd independently in

France in 1983 and in the United States in 1984. In the United States, it

was initially identified in 1981. In 1986, a second virus, now called HIV-

2, was also discovered in Africa. HIV-2 also causes AIDS.

AIDS is transmitted in three ways: From sexual contact without

protection, from the mixing of ones blood with infected blood, and from an

infected pregnant woman to her fetus. Infection can occur from blood

transfusions of infected blood, or sharing 'dirty' needles. (Needles

already used, in this case, by a HIV positive person.)

The criminalization of intentionally spreading AIDS has been a big

issue recently, and still remains so. As of September, 1991, legislation

criminalizing AIDS transmission has been passed in 24 states. Among these

states are California, Idaho, Ohio, Missouri, Michigan, and South Carolina.

Under these current laws, it is a crime to knowingly transmit the virus

through sex, sharing needles, donating infected blood, organs, or skin

tissue.

The first person to go to court under these laws in Michigan was

Jeffrey Hanlon. Hanlon was a gay man who infected another man from

Michigan while he was in New York. The American Civil Liberties Union, who

agreed to take the case, agrued that the AIDS disclosure law is

unconstitutional. Privacy of those with AIDS is what they were worried

about. Opponents argued that "they're [those with AIDS] killing people.

It's like rape." The maximum sentence Hanlon could have recieved was four

years in prison and a $2000 fine.

In addition, under the current New York State law, which dates back

well before June, 1987, the knowing transmission of a venerial disease is a

felony. However, at that time, and currently, AIDS was not classified as a

venerial disease.

Interviews Concerning the Issue

Most people believe that the willful transmission of AIDS to others it

virtually murder. I have interviewed **name** and **name**. Both of them

feel that intentionally passing AIDS on to another person is murder.