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North Carolina

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

Data from the GNP+ Global Criminalisation Scan

Number of prosecutions6
Number of convictions2
Applicable laws


The following are the control measures for the Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) infection

(1)  Infected persons shall:
(a)  refrain from sexual intercourse unless condoms are used; exercise caution when using condoms due to possible condom failure;
(b)  not share needles or syringes, or any other drug-related equipment, paraphernalia, or works that may be contaminated with blood through previous use;
(c)  not donate or sell blood, plasma, platelets, other blood products, semen, ova, tissues, organs, or breast milk;
(d)  have a skin test for tuberculosis;
(e)  notify future sexual intercourse partners of the infection;
(f)   if the time of initial infection is known, notify persons who have been sexual intercourse and needle partners since the date of infection; and,
(g)  if the date of initial infection is unknown, notify persons who have been sexual intercourse and needle partners for the previous year.


Although there is no specific HIV-related criminal transmission statute in North Carolina, HIV is considered a communicable disease requiring compliance with health regulations and control measures governing the spread of such a disease. A maximum of two years imprisonment may occur from violating these regulations, and individuals will not be released before the end of their sentence unless they are no longer considered a public danger by local authorities.

Although the outcome is unknown, in 2009 a man was charged with "assault inflicting serious bodily injury and assault with a deadly weapon" because "knowing he is HIV-positive, [he] twice tried to expose the officer to his blood, once by cutting the officer's thumb and also by head-butting him and biting his ear."

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.

Further cases and news can be found at: http://www.hivjustice.net/country/us/nc-north-carolina/