A number of cases have been reported in which people living with HIV (Human Immunodeficiency Virus) have been criminally charged for a variety of acts that transmit HIV or risk transmission. In some cases, criminal charges have been laid for conduct that is merely perceived as risking transmission, sometimes with very harsh penalties imposed. Some jurisdictions have moved to enact or amend legislation specifically to address such conduct.
The issue has also received public and academic commentary. In Europe alone, hundreds of people have been prosecuted, and several have been convicted.
These developments raise the question of whether criminal laws and prosecutions represent sound policy responses to conduct that carries the risk of HIV transmission, or if public health laws should be applied. Individual cases, and accompanying media coverage, may prompt public calls for such a response.
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