Criminalizing the Sexual Transmission of HIV: An International Analysis

Public health authorities and legislators are concerned that HIV infected individuals may deliberately engage in behavior that exposes others to the virus. Some feel that governments should impose criminal sanctions against such individuals. This Note compares criminal laws relating to HIV transmission in the United States, Great Britain, Australia, and New Zealand. The author concludes that the traditional criminal approach is inappropriate for dealing with conduct capable of transmitting HIV. Finally, the Note proposes elements for a special HIV-specific criminal statute that takes into account the unique characteristics of this disease