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Colorado


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions6
Number of convictions4
Applicable laws

Colo. Rev. Stat. § 18-3-415.5

If it is proven beyond a reasonable doubt that a person had notice of his or her HIV infection prior to the date that he or she committed a sexual offense, the judge shall sentence the person to a mandatory term of incarceration of at least three times the upper limit of the presumptive range for the level of offense committed, up to the remainder of the person's life. (“Sexual offense” refers to sexual offenses consisting of sexual penetration as defined in Colo. Rev. Stat. § 18-3-401(6).) (See also Colo. Rev. Stat. § 18-1.3-1004.)

Colo. Rev. Stat. § 18-7-205.7

Any person with knowledge of being infected with HIV who patronizes a prostitute is guilty of a class 6 felony. (“Patronizing a prostitute” is defined in Colo. Rev. Stat. § 18-7-205.) Class 6 felony sentence: minimum one-year imprisonment, maximum eighteen months imprisonment.

Colo. Rev. Stat. § 18-7-201.7

Any person who, in exchange for money or any other thing of value, performs or offers or agrees to perform, with any person not his/her spouse, any act of sexual intercourse, oral sex, masturbation or anal intercourse and does so with knowledge of having tested positive for HIV, is guilty of a class 5 felony. Class 5 felony sentence: minimum one-year imprisonment, maximum three years imprisonment.

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).

Recent cases can be found at: Positive Justice Project. Prosecutions and Arrests for HIV Exposure in the United States, 2008–2012. Center for HIV Law and Policy, 2012.

Further cases and news can be found at: http://www.hivjustice.net/country/us/co-colorado/