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Topic: Criminal Transmission of HIV

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	Criminal transmission of HIV - Wikipedia, the free encyclopedia
		If reckless transmission is criminalized and there are many high-profile prosecutions, those who might be infected may be deterred from testing so that they will not have actual knowledge of their positive status.
		This is the Criminal Transmission of HIV from the Iowa Code.
		Criminal transmission of the human immunodeficiency virus is a class "B" felony.
	en.wikipedia.org /wiki/Criminal_transmission_of_HIV (2674 words)

	HIV - the free encyclopedia (Site not responding. Last check: 2007-09-17)
		HIV is transmitted through penetrative (anal or vaginal) and oral sex; blood transfusion; the sharing of contaminated needlesin health care settings and through drug injection; and, between mother and infant, during pregnancy, childbirth andbreastfeeding.
		Once HIV has bound to the CD4+ T-cell a viral protein known as GP41 penetrates the cell membrane and the HIV RNA and various enzymes including but not limited toreverse transcriptase, integrase and protease are injected into the cell.
		HIV has several major genes coding for structural proteins that are found in all retroviruses, and several non-structural or"accessory" genes that are unique to HIV.
	www.free-web-encyclopedia.com /?t=HIV (2190 words)

	HIV - AIDS - Drug Companies - Pipeline Drugs -- Clinical Trials (Site not responding. Last check: 2007-09-17)
		HIV has several major genes coding for structural proteins that are found in all retroviruses, and several non-structural or "accessory" genes that are unique to HIV.
		HIV itself is a retrovirus that lives in the host before and durring the onset of AIDS.
		HIV can theoretically be spread through kissing but the likelihood of this is very, very low unless there is some form of intraoral bleeding involved.
	www.biotech100.com /biotechnology_encyclopedia/hiv.htm (3909 words)

	American Civil Liberties Union : State Criminal Statutes on HIV Transmission (June, 2000)
		Any person who exposes another to HIV through unprotected sexual activity or use of a hypodermic needle is guilty of a Felony, when the infected person knows he is infected, has not disclosed the information, and has acted with specific intent to infect the other person.
		HIV infected persons who know that they are infected and commit or procure another for prostitution commit criminal transmission of HIV.
		Any person infected with HIV who donates organs, skin, or other tissues shall be guilty of a class D Felony, when the person knows he or she is HIV+ and may communicate it through such donation.
	www.aclu.org /hiv/gen/11543res20000601.html (1274 words)

	HIV - Sexually-transmitted diseases - Gynecology
		HIV is transmitted through direct contact of a mucus membrane with a bodily fluid such as blood, semen, vaginal fluid or breast milk.
		HIV is a member of the genus lentivirus (ICTVdb, 61.0.6), part of the family of retroviridae (ICTVdb, 61).
		HIV has been found in the saliva, tears and urine of infected individuals, but due to the low concentration of virus in these biological liquids, the risk is considered to be negligible.
	www.woman-health.org /virtual/HIV (4072 words)

	aidsmap.com \| The transmission of HIV as a criminal offence
		The transmission of HIV as a criminal offence
		> The transmission of HIV as a criminal offence
		February 2003: the first English prosecution for the transmission of HIV (Mvula) is abandoned after evidence that the defendant did not know she was HIV-positive at the time of the alleged offence.
	www.aidsmap.com /cms1007303.asp (716 words)

	Criminalizing HIV transmission is a threat to public health, say experts
		The government has made it a policy priority to increase uptake of HIV testing and is funding prevention programmes in England for the population groups most at risk.
		Awareness is spreading among those infected with HIV that they face the threat of criminal prosecution, while media coverage has vilified those convicted as "AIDS assassins," exacerbating the stigma already associated with infection.
		Putting aside the difficulties in attributing who infected whom, they conclude that, in the case of criminal prosecution for reckless transmission of HIV, the public interest is not best served by pursuing justice against the few at the expense of the health of the many.
	www.eurekalert.org /pub_releases/2006-09/bmj-cht092806.php (479 words)

	Criminalisation of HIV transmission in Europe
		In the case of HIV transmission, the conduct by which transmission can occur is generally not in itself deemed to be criminal, with the exception of injecting drug use, and in some jurisdictions, sex between men and/or anal sex.
		In Russia, placing another person ‘under the risk of HIV transmission’ appears to be punishable by limitation of freedom for up to three years, while infection by a person who is aware of their HIV positive status is punishable by imprisonment for up to five years.
		For the same ‘harm’ (HIV transmission), the application of different labels have resulted in a wide divergence with regard to the foreseeability of the crime, the degree of sanction imposed, and/or the moral condemnation involved.
	www.gnpplus.net /criminalisation/results1.shtml (873 words)

	HIV/STD/TB Prevention News Update Monday, August 13, 2001
		Thanks to vigorous efforts to expand HIV testing and treatment to pregnant women, only 156 cases of transmission from infected mothers to newborn infants were reported nationally in 1999, a record low since the start of the epidemic and an 84 percent decrease since 1992.
		HIV "is reaching younger people, it's reaching more women, it's reaching more communities of color." Forty- two percent of new infections are occurring in gay men, 33 percent in heterosexuals infected during sex, and 25 percent in injecting drug users, she said.
		The objective of this study was to reduce sexual transmission of HIV by mimicking saliva's targeting of the transmitting infected leukocytes and any cell-free HIV in seminal fluid.
	www.unsystemmoz.org /hivaids/docs/cdc1308.asp (3250 words)

	Aidsmap \| HIV transmission and the criminal law
		Up until relatively recently, it was thought that the transmission of HIV (at least through consensual sexual intercourse, or the sharing of drug-injecting equipment) could not amount to a criminal offence in the UK.
		The first successful prosecution for HIV transmission in England and Wales was brought against Mohammed Dica, who was convicted of two counts of unlawfully and maliciously inflicting grievous bodily harm in October 2003.
		Although his conviction was later quashed by the Court of Appeal (because the judge had misdirected the jury on the question of consent), the court accepted that the transmission of HIV could, in certain circumstances, amount to a criminal offence, and Dica was convicted of a single count at a retrial.
	www.aidsmap.com /en/docs/0507DD86-195A-4C28-9914-CF89AE147AA0.asp (968 words)

	Baggage Carousel 4 » Blog Archive » “criminal transmission of HIV”
		according to the university of utah, [t]he rate of HIV transmission with sexual intercourse is much lower than with other sexually transmitted diseases — approximately 0.3% per sexual contact with an HIV-infected person.
		given that iowa does not criminalize the transmission of other diseases, i strongly suspect that the only reason for iowa code Â§709C is the high “ick factor” of HIV/AIDS.
		Criminalization of HIV transmission is right up there with cumpulsory notification on the human rights controversy scale.
	laloca.org /archived/5309 (913 words)

	HIV+ Prevention Report
		The CDC recently released new suveillance guidelines that states should follow, and federal funding for HIV and AIDS surveillance programs may be contingent on how well states implement them.
		Under this system, the names of indviduals who test positive for HIV must be reported to the state Department of Health, along with other demographic identifiers.
		To counter public concerns around HIV surveillance, the CDC has sponsored the Model State Public Health Privacy Act, which suggests ways in which states can address privacy and security issues arising from the acquisition of protected health information.
	www.aidsinfonyc.org /hivplus/issue7/report/hello.html (574 words)

	[No title]
		The fear of transmission of HIV felt by both the community and health care workers was out of proportion to the risk of infection.
		HIV can be transmitted from an infected HCW to a patient when percutaneous injuries with subsequent exposure of the patient to the blood of the HCW can occur.
		HIV is spreading in Tajikistan chiefly through intravenous drug users, prostitutes, and returning migrant workers, said the groups' statement.
	uqconnect.net /signfiles/Archives/SIGN-POST00336.txt (11797 words)

	Cityview Online (Site not responding. Last check: 2007-09-17)
		When Michael Locascio found out that his daughter had been infected with HIV by her husband, Milford resident Dewayne Boyd, without any warning that he had been a carrier of the disease for more than a decade, the indignant dad went to the cops.
		What started as one allegation of malicious medical negligence quickly snowballed into four counts of criminal transmission of HIV, a Class B felony, as three more women came forward to press charges and dozens more rushed to area clinics to get tested for the terminal disease.
		While only six people have been convicted on such charges in the seven years since such transmission became a crime, Boyd was sitting in jail last week as rattled Great Lakes residents anxiously awaited a legal process that could ensure the dangerous prick gets a dose of his own medicine behind bars.
	www.dmcityview.com /archives/aug/08-25-05/winners-losers.shtml (557 words)

	AIDS
		I cite the Illinois Revised Statutes, Chapter 38, paragraph 12-16.2: "Criminal transmission of HIV.
		(a) A person commits a criminal transmission of HIV when he or she, knowing that he or she is infected with HIV; (1) engages in intimate contact with another.
		Johnson's viral load (the amount of HIV RNA present in the blood) is very low and perhaps he appears outwardly healthy, but there is no person who has been documented as being free of disease where HIV status is concerned.
	www.siue.edu /ALESTLE/library/spring99/apr.08.99/aids.html (501 words)

	CAF: HIV Update, Vol 5 No 7
		Of the HIV cases diagnosed in 2001, there was a higher percentage of women (35 percent versus 30 percent), non-Hispanic fls (53 percent versus 44 percent) and individuals between the ages of 39 and 39 years old (36 percent versus 29 percent).
		One in six Americans infected with HIV is behind bars, making jails and prisons important places to stop the spread of AIDS and big providers of health care to people who have it, researchers report.
		HIV infection is a risk not just when inmates are incarcerated but also when they’re released.
	www.childrensaidsfund.org /showarticle.asp?id=257 (3539 words)

	GazetteOnline - Powills pleads guilty to criminal transmission of HIV (Site not responding. Last check: 2007-09-17)
		Powills pleads guilty to criminal transmission of HIV
		IOWA CITY, IA - An Iowa City man accused of sexually abusing an 11-year-old girl and exposing her to the virus that causes AIDS pleaded guilty this afternoon to two counts of second-degree sex abuse and criminal transmission of HIV.
		Matthew M. Powills, 41, formerly of 1956 Flanigan Court, had been charged with eight counts of second-degree sexual abuse and one count of criminal transmission of HIV.
	www.gazetteonline.com /2005/04/19/Home/News/Powills.prt (206 words)

	Leonard Link: IOWA Supreme Court: 25 Years for Consensual Oral Sex by HIV+ Man
		Supporting jurors using "common knowledge" about HIV transmission methods to supply an important element of the case, the Iowa Supreme Court unanimously upheld a 25 year sentence for Jimmy Dean Stevens, who was convicted under the state’s criminal HIV transmission statute for engaging in oral sex with a 15 year old boy.
		Somewhat incredibly, the Iowa criminal HIV transmission statute provides that somebody can be convicted even if they did not actually transmit HIV, so long as they engaged in conduct that could transmit the virus.
		Nowhere in the opinion is there any reflection of the controversy over the degree of risk presented by oral sex, or any recognition that experts on HIV transmission generally view oral sex as presenting minimal risk by comparison to anal or vaginal intercourse as a mechanism of HIV transmission.
	newyorklawschool.typepad.com /leonardlink/2006/08/iowa_supreme_co.html (793 words)

	Criminal charges for HIV transmission — an acquittal \| Headlines \| News \| Gay.com UK (Site not responding. Last check: 2007-09-17)
		Criminal charges for HIV transmission — an acquittal
		A gay man being prosecuted for ‘recklessly’ passing on HIV to his partner has been acquitted in Kingston Crown Court today.
		All previous criminal prosecutions for this charge have resulted in guilty verdicts.
	uk.gay.com /headlines/10226 (193 words)

	FLORIDA (Site not responding. Last check: 2007-09-17)
		Preliminary HIV tests, not confirmed as positive, performed for autologous blood donations may be revealed to the attending physician for the purposes of diagnosis, treatment, and care of the donor.
		The results of the HIV test must be disclosed to the offender, the public health agency of the county where the conviction occurred and of the county of residence of the offender, and, upon request, to the victim.
		1993) (declaratory judgment was appropriately brought to determine whether a significant risk of HIV transmission was present in a workplace, whether requiring all employees to wear gloves was a reasonable accommodation, and whether the employer could require periodic HIV testing of employees).
	www.law.tulane.edu /tuexp/journals/law_sex/aids/florida.htm (5693 words)

	Iowa Code 1999: Section 915.43
		The court shall not consider the disclosure of an alleged offender's serostatus to an alleged victim, prior to conviction, as a basis for a reduced plea or reduced sentence.
		The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be included in the convicted offender's medical or criminal record unless otherwise included in department of corrections records.
		The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be used as a basis for further prosecution of a convicted offender in relation to the incident which is the subject of the testing, to enhance punishments, or to influence sentencing.
	www.legis.state.ia.us /IACODE/1999/915/43.html (427 words)

	Reckless Prosecutions? on Flickr - Photo Sharing! (Site not responding. Last check: 2007-09-17)
		Stevens was charged with sexual abuse and criminal transmission of HIV, defined in Iowa law as engaging in conduct that could transmit the virus, whether or not infection occurs.
		In asserting that it is common knowledge that oral sex transmits HIV, the prosecution relied principally on a case involving vaginal intercourse, but Larson, relying on a dictionary definition of intercourse that went beyond penetration by a penis, held that the term covered oral sex as well.
		He actively concealed his HIV status while engaging in unprotected sex with an underage boy who may well not have had the maturity to realize that any potential partner could have HIV or to resist the lure of sex with an older man he considers attractive.
	www.flickr.com /photos/bse303/210963819 (1185 words)

	ILLINOIS (Site not responding. Last check: 2007-09-17)
		The criminal transmission of HIV is a Class 2 felony.
		(16) Whenever a child of school age is reported to the Department or a local health department as having been diagnosed with HIV or AIDS infection, prompt and confidential notice of the identity of the child to the principal of the school in which the child is enrolled shall be given.
		A state’s attorney may petition the court to obtain the test results of any HIV test administered, and the court shall grant the disclosure if the state’s attorney shows it is relevant to the prosecute a charge of criminal transmission of HIV against the defendant.
	www.law.tulane.edu /tuexp/journals/law_sex/aids/illinois.htm (5383 words)

	City briefs - Metro (Site not responding. Last check: 2007-09-17)
		Adam Musser, 22, will now stand trial on his second charge of criminal transmission of HIV at the Jones County Courthouse in Anamosa on Feb. 9.
		His motion for a change of venue was granted after attorneys from both sides debated the reasons for the motion on Jan. 30, according to court records.
		Musser was found guilty of a prior charge of criminal transmission of HIV by a jury in Vinton last month.
	www.dailyiowan.com /news/2004/02/03/Metro/City-Briefs-595593.shtml (368 words)

	ACLU says AIDS law too vague
		Underlying the legal arguments is the view, expressed by many public health experts, that criminal laws do little to halt the spread of AIDS, although the courts have often said their role is to pass judgment only on the constitutionality of statutes, not on the effectiveness of policy choices made by legislatures.
		The Illinois law allows state prosecutors to bring felony criminal charges against anyone who, knowing he or she is infected with HIV, engages in activities-including intimate contact, donating blood or sharing dirty needles-that could transmit AIDS.
		Russell, 20, of Belleville, was charged with four counts of criminal transmission of HIV in December 1991.
	www.aegis.com /news/ct/1993/CT931106.html (1286 words)

	Baggage Carousel 4 » Blog Archive » more on criminal transmission of HIV
		she is far better versed in the government/disease side of the issue than i, and after a back-and-forth regarding the per-coitus transmission probability vs. the lifetime transmission probability (”in high prevalence countries you get a lifetime risk of 50% of becoming infected with HIV between the ages of 15 and 50.”) she wrote:
		what is being criminalized is not the intent to expose another to HIV (or even the intent to transmit the virus), but simply exposing another to the virus without that person’s prior informed consent.
		and yet whether the exposure is informed or uninformed does not affect the probability of viral transmission, which is what the statute purports to discourage.
	laloca.org /archived/5312 (636 words)

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