In over 30 states in the U.S., individuals with HIV are legally required to disclose their status before engaging in sexual activity, but critics argue these laws harm public health rather than protect it.
Michael Holder, a man living with HIV, spent over eight years in prison after being accused of failing to disclose his status, even though his accuser later recanted her testimony.
Public health experts argue that HIV criminalization laws discourage people from getting tested for HIV, as fear of legal repercussions outweighs the benefits of knowing their status.
States like Ohio, Tennessee, and Florida have been among the most active in prosecuting individuals under HIV disclosure laws, with over 120 cases in the past decade.
Advances in medical science have made HIV a manageable chronic condition, and studies show that people with undetectable viral loads cannot transmit the virus to sexual partners.
Activists and organizations, including the American Medical Association, are pushing for the repeal or reform of HIV criminalization laws to reflect modern scientific understanding and reduce stigma.
Some states, including California, Iowa, and Michigan, have already reformed their HIV-related laws, signaling progress toward fairer public health policies.
Critics of HIV disclosure laws believe these statutes place undue burden on individuals living with HIV to prove they disclosed their status, as seen in cases like Michael Holder’s.
Many argue that removing punitive laws would encourage more people to get tested for HIV, leading to better prevention and treatment outcomes.
While intentional transmission of HIV remains a concern, public health experts advocate for laws that balance accountability with compassion and modern scientific insights.
