For information on getting involved in HIV criminalization reform advocacy in North Carolina, please email email@example.com.
Data from the GNP+ Global Criminalisation Scan
|Number of prosecutions||6|
|Number of convictions||2|
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:
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."
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/