Criminalization of HIV

Many states across the United States have passed laws that make it a crime to intentionally spread HIV. In these states, if an infected person knowingly engages in sexual intercourse with another without informing him or her, there may be significant punishments. If prosecuted, these charges can range from misdemeanor violations to felony charges treated similarly to manslaughter.

If you have been accused of willfully and deceptively infecting another party with HIV, it is important that you have skilled and experienced legal representation. Contact Massachusetts sex crimes lawyer James Powderly at 508-343-0676 today.

Massachusetts and Criminalized HIV

Unlike most other states, Massachusetts does not press charges against individuals who knowingly pass on HIV. Although there may be punishments associated with willfully transmitting the disease, as this can be treated in the same capacity as willfully transmitting other deadly viruses, there is no specific law to deal with HIV transmission via sexual intercourse. States may prosecute willful exposure to the virus more generally in the following situations:

  • Sexual intercourse
  • Donation of fluid or organs
  • Spitting or biting, especially towards police

Massachusetts does not specifically target those who spread HIV who do not inform their partners. It is possible that charges may be brought in court, but these violations are treated similarly without regard to the specific type of virus.

Contact Us

If you have been charged with willfully spreading HIV, your first priority should be finding a legal defender that can help you to ensure that your legal rights are properly protected. For more information regarding STDs and criminal law, contact Massachusetts sex crimes attorney James Powderly today by calling 508-343-0676.


Interview with a Former DUI Client