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Alabama


For information on getting involved in HIV criminalization reform advocacy in Alabama, please email info@seroproject.com.


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions1
Applicable laws

ALA. CODE § 22-11A-21(C)

Penalties for person afflicted with sexually transmitted disease for transmitting such disease to another person

Any person afflicted with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will probably or likely transmit such disease to another person is guilty of a Class C misdemeanor.

HIV included among STDs, see ALA. ADMIN. CODE r. 420-4-1-.03(2008).

Class C misdemeanors are punishable by a $500 fine or up to three months in jail.

Discussion

There are no data regarding whether people with HIV have been prosecuted under Alabama’s communicable disease exposure statute. However, Alabama has prosecuted potential HIV exposure under general criminal laws (see Brock v State, above).

Further reading

Positive Justice Project. Ending & Defending Against HIV Criminalization, A  Manual For Advocates: Vol 1 States and Federal Laws and Prosecutions. Center for HIV Law and Policy, New York. Fall 2010 (with additional laws and cases through December 2011).

Latest cases and news can be found at: http://www.hivjustice.net/country/us/al-alabama/




Resources

“The impact of HIV criminalization on people living with HIV is ultimately destructive and divisive, creating a sense that there are ‘good’ HIV-positive people versus ‘bad’ HIV-positive ....
Criminalization of HIV legitimizes the ignorance, homophobia, racism and sexophobia that fuels inflated fears of HIV and those who have HIV. Criminalization undermines efforts to prevent new HIV ....