For information on getting involved in HIV criminalization reform advocacy in New Hampshire, please email email@example.com.
Data from the GNP+ Global Criminalisation Scan
|Number of prosecutions||2|
|Number of convictions||1|
RSA § 631:2 Second Degree Assault.
RSA § 631:3 Reckless Conduct.
RSA § 625:11, V. Definition of deadly weapon
In State of New Hampshire v. C. J. [01-S-726, May 23, 2002], CJ – accused of criminal HIV exposure – argued that second-degreee assault and reckless conduct charges were not specific enough about HIV being a deadly weapon and were, therefore, unconstitutional.
Superior Court Justice Patricia C Coffey found that a fair reading of the indictment would allow a reasonable juror to find that a person infected with HIV who engages in unprotected sex is using his sexual organs as a dangerous weapon. A reasonable juror may find that HIV is commonly transmitted through unprotected sex, and that HIV constitutes a serious bodily injury because it is a serious impairment to one's health that often results in death.”
(There is no record of CJ being tried for second-degree assault or reckless conduct, however, nor is there any information on the outcome of the trial)
Latest cases and news can be found at: http://www.hivjustice.net/country/us/nh-new-hampshire/