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South Carolina


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions11
Number of convictions5
Applicable laws

S.C. Code Ann. § 44-29-145

It is unlawful for a person who knows he or she is infected with HIV to:

(1) knowingly engage in sexual intercourse (vaginal, anal, or oral) with another person without first informing that person of his HIV infection;
(2) knowingly commit an act of prostitution with another person;
(3)knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids;
(4) forcibly engage in sexual intercourse (vaginal, anal or oral) without the consent of the other person, including one's legal spouse; or
(5) knowingly share with another person a hypodermic needle/syringe without first informing that person that the needle or syringe has been used by someone infected with HIV.

S.C. Code Ann. §§ 44-29-60, 44-29-140
It is unlawful for anyone infected with an STD included in the annual SC Dep’t of Health and Environmental Control List of Reportable Diseases to knowingly expose another to infection. “HIV” was included in the DHEC list for 2009. See www.scdhec.gov

Discussion

At the time of our last update, October 2008, we were aware of five prosecutions and two convictions.  However, between July 2009 and and January 2011 there were media reports of six further cases, suggesting that our previous tally may have been underestimating cases. 

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/sc-south-carolina/