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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

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:
(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.

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/