Despite the widespread support for decriminalizing sex work amongst public health and harm-reduction activists, there has been little work done to disentangle the complicated way that the criminal law operates to marginalize and disenfranchise sex workers living with HIV. Focusing on the United States, in which the majority of jurisdictions criminalize both sex work and exposure to HIV,10 this Article begins to fill this gap in the literature. In keeping with current public health evidence, this Article argues for the decriminalization of sex work and HIV exposure and transmission in order to better address the safety and health needs of sex workers.

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