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 prosecutions | 0 |
|---|---|
| Number of convictions | 0 |
| 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
SERO Stories - Nick Rhoades
Iowa
SERO Stories - Nick Rhoades
Nick Rhoades used a condom, had an undetectable viral load and did not transmit HIV but was sentenced to 25 years by an Iowa court. Later reduced to a year served, he now must register as a sex offender for the rest of his life.SERO Stories - Monique Moree
South Carolina