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 prosecutions | 6 |
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Number of convictions | 2 |
Applicable laws | 10A NCAC 41A .0202 CONTROL MEASURES – HIV The following are the control measures for the Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) infection (1) Infected persons shall: |
Discussion | 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/ |