For information on getting involved in HIV criminalization reform advocacy in Mississippi, please email info@seroproject.com.
Data from the GNP+ Global Criminalisation Scan
| Number of prosecutions | 2 |
|---|---|
| Number of convictions | 2 |
| Applicable laws | MISS. CODE ANN. § 97-27-14(1) Exposure to HIV, hepatitis B, or hepatitis C It shall be a felony for any person to knowingly expose another person to HIV, hepatitis B, or hepatitis C. Prior knowledge and willing consent to the exposure is a defense to a charge brought under this statute. MISS. CODE ANN. § 97-27-14(2) Endangerment by bodily substance with knowledge of HIV status A person commits the crime of endangerment by bodily substance if the person attempts to cause or knowingly causes a corrections employee, a visitor to a correctional facility, or another prisoner or offender to come into contact with blood, seminal fluid, urine, feces, or saliva. A violation of this subsection is a misdemeanor unless the person violating this section knows that he is infected with HIV, hepatitis B, or hepatitis C, in which case it is a felony. MISS. CODE ANN. § 97-27-14(3) Penalties for felony HIV exposure or endangerment by bodily fluids Any person convicted of a felony violation of this section shall be imprisoned for not less than three years nor more than ten years and/or a fine of not more than $10,000. MISS. CODE ANN. § 41-23-2 Violating the lawful order of a health officer Any person who shall knowingly and willfully violate the lawful order of the county, district or state health officer where that person is afflicted with a life-threatening communicable disease or the causative agent thereof shall be guilty of a felony and, upon conviction, shall be punished by a fine not exceeding $5,000 or by imprisonment in the penitentiary for not more than five years, or both. |
| Discussion | From the information received, it appears that although there was an HIV-related prosecution prior to 2004 under general laws, it wasn’t until 2008 that anyone was prosecuted under 2004's HIV-specific statutes. |
| 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/ms-mississippi/ |