For information on getting involved in HIV criminalization reform advocacy in Kansas, please email firstname.lastname@example.org.
Data from the GNP+ Global Criminalisation Scan
|Number of prosecutions||1|
|Number of convictions||1|
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:
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.
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).
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.