X

Subscription Success

Thank you for subscribing to our mailing list.

Utah


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions1
Number of convictions1
Applicable laws

Utah Code Ann. § 26-6-5

Any person who willfully or knowingly introduces any communicable or infectious disease into any county, municipality, or community is guilty of a class A misdemeanor.

Utah Code Ann. § 76-10-1309

A person who is convicted of prostitution, patronizing a prostitute, or sexual solicitation is guilty of a third degree felony if he or she: (1) is HIV positive, (2) has actual knowledge of his or her HIV positive status, and (3) has received written personal notice of the positive test result from a law enforcement agency.

Utah Code Ann. § 76-5-102.6

Any prisoner or person detained who knows he or she has HIV commits a third degree felony if he or she throws or otherwise propels his or her saliva at a peace or correctional officer and it comes into contact with any portion of the officer's face (including the eyes or mouth) or comes into contact with any open wound on the officer's body.

Discussion

Although there are no laws against non-disclosure during consensual (unpaid) sex, HIV-positive persons convicted of sex offenses, particularly prostitution, may receive increased sentences.

In 2010, Utah’s statutes related to HIV exposure were considered for amendment that would broaden their terms. A proposed senate bill would eliminate any requirement that an HIV-positive person have a previous conviction for a prostitution-related offense or knowledge of an HIV-positive test result.  It appears that this bill has not yet passed.

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.