Intentionally infecting others with AIDS is no longer a crime in California

The California congress approved a new law to reduce the sanction to those who intentionally expose other people to becoming infected with HIV without their knowledge.

SB 239 was passed by the state legislature controlled by the Democrats and promulgated by Gov. Jerry Brown. That decision will reduce the charges for these acts and will go from being a felony to a misdemeanor when the law comes into force in 2018. The act of donating blood infected with HIV, which is now considered a crime, will also be decriminalized.

Supporters of the reformist drive in California, carried out by a broad coalition of public health, LGBT, civil liberties and HIV groups in the state, described those laws as outdated and ineffective, noting statistics showing that the vast majority The convictions were related to sex workers, who must undergo AIDS tests after being convicted of crimes such as solicitation.

"If you are a sex worker and you have HIV, you are guilty of a serious crime before any contact occurs. These laws are so draconian that you can be convicted of a felony and sent to prison, even if you are involved in a situation that involves zero risk of AIDS infection, "said California State Senator Scott Wiener.

"I am convinced that if one deliberately spreads a disease to another person who alters their lifestyle the rest of their time and puts (that person) on a medication regimen to maintain any normality, it should be a serious crime. That is, in my opinion, crazy and we must clarify it, "said Senator Joel Anderson during the debate on the bill.

Of the 379 HIV-related convictions in California between 1988 and 2014, only seven (less than 2 percent) included the intent to transmit HIV, according to a series of studies by the Williams Institute at the University of California School of Law. in Los Angeles.

The law mainly affects people who engage in sex work or suspects. The vast majority of convictions, 90 percent, were for those cases in which it was unknown if any physical contact had occurred. Of the 800 people arrested or accused until 2014, more than 95 percent of the people were related to sex work, as the researchers pointed out.

Sixty-seven percent of the people who contacted the police about something related to HIV were blacks and Latinos, according to the Williams Institute studies. Women accounted for 43 percent, although in reality they represent only 13 percent of the HIV-infected population in that state.

The requirement that sex workers be tested for HIV after convictions will be abolished when the provisions of the law come into force.

"At the beginning, people expected to see most of the weight in those laws of intentional exposure. I think everyone was surprised to see that it was not where I was applying the law. It was in this serious crime, "says Amira Hasenbush, a member of the Williams Institute and co-author of the reports.