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Kansas


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions1
Number of convictions1
Applicable laws

2010 Kan. Sess. Laws Ch. 136 (H.B. No. 2668, New Sec. 59)*

Severity Level 7, Person Felony: intentional exposure to life threatening disease

It is unlawful for a person who knows oneself to be infected with a life threatening communicable disease, to:
1. Engage in sexual intercourse or sodomy with another individual with the intent to expose that individual to that life threatening communicable disease;
2. Sell or donate one’s own blood, blood products, semen, tissue, organs, or other body fluids with the intent to expose the recipient to a life threatening communicable disease; or
3. Share with another individual a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from, the other individual’s body with the intent to expose another person to a life threatening communicable disease.

Violation of this section is a severity level 7, person felony.**

“Sexual intercourse” shall not include penetration by any object other than the male sex organ.

“Sodomy” shall not include penetration of the anal opening by any object other than the male sex organ.

* Re-codification of KAN. CRIM. CODE. ANN. § 21-3435 (West 2010).

** See Kansas Sentencing Guidelines, available at http://www.sedgwickcounty.org/da/sentencing_grid.html.

Discussion

It appears that so far just one person has been prosecuted for alleged HIV exposure under Kansas law, but that this person has been prosecuted twice in two different counties. He was originally sentenced to 32 months in prison in Douglas County but was later re-sentenced to two years probation. His conviction in Lyon County was successfully appealed (see 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).

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.

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