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Virginia


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


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions3
Applicable laws

Va. Code Ann §18.2-67.4:1 Infected Sexual Battery; Penalty

A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person is guilty of a Class 6 felony.

Class 6 felonies a punishable by either (1) a term of imprisonment of one to five years, or (2) in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and/or a fine of up to $2,500.

B. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without having previously disclosed the existence of his infection to the other person is guilty of a Class 1 misdemeanor.

Class 1 misdemeanors are punishable by confinement in jail for up to one year and/or a fine of up to $2,500.

C. "HIV" means the human immunodeficiency virus or any other related virus that causes acquired immunodeficiency syndrome (AIDS).

Nothing in this section shall prevent the prosecution of any other crime against persons under Chapter 4 (§ 18.2-30 et seq.) of this title. Any person charged with a violation of this section alleging he is infected with HIV shall be subject to the testing provisions of § 18.2-62.

Va. Code Ann. § 32.1-289.2

Any person who donates or sells, attempts to donate or sell, or consents to the donation or sale of blood, other body fluids, organs or tissues, knowing that the donor is or was infected with HIV and having been instructed that such material may transmit HIV infection, is guilty of a class 6 felony. (Does not apply to the donation of infected blood, other body fluids, organs or tissues or body parts for use in medical or scientific research.)

Discussion

Virginia passed its HIV-specific criminal statute in 2004.  The Positive Justice Project found two arrests/prosecutions as of end 2010.  Since then, there has been one further prosecution for HIV non-disclosure with an underage sexual partner.

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://criminalhivtransmission.blogspot.com/search/label/Virginia