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Alaska


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions0
Number of convictions0
Applicable laws

Alaska Stat. §12.55.155(c)(33)

The sentencing court may impose a sentence above the presumptive range ifthe offense was a felony sexual offense specified in Alaska Stat. §§11.41.410-11.41.455 and the following factors are proven in accordancewith this section: the defendant had been previously diagnosed as having orhaving tested positive for HIV, and the offense either (A) involvedpenetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV.

Discussion

Alaska has no statute explicitly criminalising HIV transmission or exposure, but enhanced sentencing may be applicable based on a defendant’s HIV status if she/he is found guilty of one of the specified sex offenses.

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).


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 ....