HIV Criminalization: Know Your Rights
January 4, 2018
- "HIV/AIDS." Centers for Disease Control and Prevention, 30 May 2017, www.cdc.gov/hiv/basics/whatishiv.html
- "HIV Transmission." Centers for Disease Control and Prevention, 6 June 2017, www.cdc.gov/hiv/basics/transmission.html
- "10 Things to Know About HIV Suppression." National Institute of Allergy and Infectious Diseases, U.S. Department of Health and Human Services, 14 Nov. 2017, www.niaid.nih.gov/news-events/10-things-know-about-hiv-suppression
- "PrEP." Centers for Disease Control and Prevention, 12 Oct. 2017, www.cdc.gov/hiv/basics/prep.html
- "HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, The Center for HIV Law and Policy (2017)." The Center for HIV Law & Policy, Aug. 2017, www.hivlawandpolicy.org/sourcebook
- "Talking About Your HIV Status." www.hiv.gov/hiv-basics/hiv-testing/just-diagnosed-whats-next/talking-about-your-hiv-status
- "Protect Yourself." Sero Project, www.seroproject.com/protect-yourself/
- "HIV Disclosure Acknowledgement Statement." Sero Project, www.seroproject.com/wp-content/uploads/2015/05/sero_brochure_bw_print.pdf
- "Guidance for People Living with HIV Who Are Threatened with, or Are Facing, Criminal Prosecution for HIV Nondisclosure or Exposure." The Center for HIV Law & Policy, Positive Justice Project, https://www.hivlawandpolicy.org/sites/default/files/Crim%20Checklist%20for%20PLWHA_122012.pdf. See p. 1
- "HIV Criminalization and The Public's Health: Policy Considerations in the Era of Treatment as Prevention (TasP) and Pre-Exposure Prophylaxis (PrEP)." American Psychological Association, March 2017, www.apa.org/pi/aids/resources/exchange/2017/03/policy-considerations.aspx
HIV criminalization laws undermine the public's health.
- Some examples of state HIV laws that recognize being adherent to treatment as an affirmative defense include Idaho section 39-608, California health & safety code § 120290 (b), (e)(3) (2018)
- "Spit Does Not Transmit: Fact Sheet for Law Enforcement Professionals on the Risk of HIV Transmission in the Line of Duty." The Center for HIV Law & Policy, https://www.hivlawandpolicy.org/sites/default/files/Spit%20Does%20Not%20Transmit_0.pdf. See introduction
- Some examples of state criminal codes that specifically punish exposing law enforcement to bodily fluids include Montana section 45-5-214, New Jersey section 2C:12-13, Minnesota section 609.2231, and California section 243.9.
- "Guidance for People Living with HIV Who Are Threatened with, or Are Facing, Criminal Prosecution for HIV Nondisclosure or Exposure." See p. 2
- "Arrest Plan: Emergency Details." Red Light Legal, www.redlightlegal.org/wp-content/uploads/2016/07/ARREST-PLAN-1.pdf
- "Know Your Rights Medical, Dental and Mental Health Care." American Civil Liberties Union, Nov. 2005, www.aclu.org/files/images/asset_upload_file690_25743.pdf
- "Directory of Syringe Exchange Programs." North American Syringe Exchange Network, nasen.org/directory
- "What to Do If You're Stopped by Police, Immigration Agents or the FBI." American Civil Liberties Union, www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi
- "The Intersection of Sex Work and HIV Criminalization an Advocate's Toolkit." National LGBTQ Taskforce and The Center for HIV Law & Policy, 2017, www.thetaskforce.org/wp-content/uploads/2014/09/Sex-Work-HIV-Toolkit-FINAL-R2_0.pdf, see page 3.
- "HIV Criminalization Are You at Risk?" The Center for HIV Law & Policy, www.hivlawandpolicy.org/sites/default/files/CHLP_PalmCard_FINAL.pdf
- "Your Right to Pregnancy-Related Health Care in Prison or Jail." American Civil Liberties Union Alaska, www.acluak.org/sites/default/files/field_documents/know_your_rights_if_you_are_pregnant_in_jail.pdf
- "Incarcerated Parents Manual: Your Legal Rights and Responsibilities." Legal Services for Prisoners with Children, June 2010, www.prisonerswithchildren.org/wp-content/uploads/2013/01/Incarcerated-Parents-Manual.pdf
- "HIV & Your Civil Rights Know Your Parenting Rights." American Civil Liberties Union, www.aclu.org/files/assets/know_your_rights_hivparenting.pdf
- "The Intersection of Syringe Use and HIV Criminalization an Advocate's Toolkit." National LGBTQ Taskforce and The Center for HIV Law & Policy, 2017, www.hivlawandpolicy.org/sites/default/files/Syringe%20Use%20Toolkit%20Final%20R2_0.pdf
- "The Intersection of Syringe Use and HIV Criminalization an Advocate's Toolkit."
- "Transgender, Lesbian, Gay, Bisexual, Two-Spirit, Queer, and Gender Non-Conforming People of Color Know Your Rights." FIERCE and The Audre Lorde Project, www.fiercenyc.org/sites/default/files/resources/0571_KnowYourRightsHandout-FIERCEandALP.pdf
- "Laws, Court Decisions & Advocacy Tips to Protect Transgender Prisoners." American Civil Liberties Union, www.aclu.org/know-your-rights/laws-court-decisions-advocacy-tips-protect-transgender-prisoners?redirect=transprisonrights
- "Know Your Rights a Guide to Your Rights When Interacting with Law Enforcement." Catholic Legal Immigration Network, Inc, cliniclegal.org/sites/default/files/resources/presidential-transition/Know-Your-Rights-Law-Enforcement.pdf
- "What to Do When Encountering Law Enforcement -- Additional Information for Non-Citizens." American Civil Liberties Union, www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-additional-information-non-citizens
- "ICE/DRO Residential Standard: Medical Care", U.S. Immigration and Customs Enforcement, www.ice.gov/doclib/detention-standards/2011/4-3.pdf
- "Factsheet: Criminalization as Violence Against Women Living with HIV." Positive Women's Network -- USA, www.pwn-usa.org/doa/factsheet-doa2016/
- "#Survived and Punished: Survivor Defense as Abolitionist Praxis." Love and Protect, Survived and Punished, view.publitas.com/survived-and-punished/toolkit/page/1
- "#Survived and Punished: Survivor Defense as Abolitionist Praxis."
- "For those charged with a crime." The National Clearinghouse for the Defense of Battered Women, www.ncdbw.org
- "The Intersection of Sex Work and HIV Criminalization an Advocate's Toolkit." See p. 3
- Baskin, Sienna, et al. "Criminal Laws On Sex Work and HIV Transmission: Mapping the Laws, Considering the Consequences." Denver Law Review, pp. 355-388.
- "Criminal Laws on Sex Work and HIV Transmission: Mapping the Laws, Considering the Consequences."
[Note from TheBody.com: This article was originally published by PWN-USA in Dec., 2017. We have cross-posted it with their permission.]
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