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Michigan


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


Data from the GNP+ Global Criminalisation Scan

Number of convictions53
Applicable laws

Mich. Comp. Laws Ann. § 14.15 (5210)

A person who knows he or she has HIV, and who engages in sexual penetration with another person without informing that person of his or her HIV status, is guilty of a felony. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body; emission of semen is not required.

Maximum sentence is four years in prison.

Discussion

The use of condoms or other protection during sexual penetration is not a defense. The only defense to prosecution is if HIV-positive persons disclose their HIV status to sexual partners before engaging in sexual penetration. However, the disclosure of HIV status during private, sexual activities may be difficult to prove without witnesses or documentation, and evidence often rests of the testimonies of the parties where it is one person’s word against the other.

HIV-positive blood is a considered a “harmful biological substances” under the Michigan’s bioterrorism laws and exposing others to HIV-positive blood may increase prison sentences for assault or may be prosecuted as a crime of its own. Enhanced sentences for blood exposure are possible regardless of whether HIV infection was possible under the circumstances.

Excerpted from: 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).

PhD Candidate Trevor Hoppe has found 53 convictions (as of March 2012) for HIV-related criminal cases during his research.  This is significantly higher than the last total we were aware of, 12.  He has kindly shared with us a map of these HIV-related convcictions, below.

Given that there are an estimated 14,715 people living with (diagnosed) HIV in Michigan (Source: Michigan Department of Community Health), convictions per capita of PLHIV are an estimated 3.60 per 1000.

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.

 

USA Alleged exposure Gay men Prosecutions US: Michigan man found guilty of HIV non-disclosure to man he met online Man convicted for not disclosing HIV | WOOD TV May 9, 2013
See more at: http://www.hivjustice.net/storify/us-michigan-man-found-guilty-of-hiv-non-disclosure-to-man-he-met-o...


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