Criminal transmission of HIV

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Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission.^[1] Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud.

Criminal transmission of HIV is now better known as HIV non-disclosure, which is the criminal offence in some jurisdictions for not disclosing an HIV positive status. This can be intentionally or unknowingly not disclosing HIV status and then exposing or transmitting HIV to a person. HIV non-disclosure includes intentional transmission, accidental transmission, unknowing transmission (where the source individual is unaware of their infection), and exposure to HIV with no transmission. Individuals have been accused of and charged for HIV non-disclosure even if no harm was intended and if HIV was not actually transmitted.^[2] Laws in some countries also criminalize mother-to-child transmission of HIV during pregnancy/birth or breastfeeding.^[3]