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Criminal convictions for exposing another person to HIV through sex are rare.Since the beginning of the AIDS epidemic, more than 300 people have been criminally prosecuted for exposing another person to HIV. People living with HIV have strongly advocated every position from "when you first meet" to "never." At the point when you decide to have sex, however, the disclosure question is no longer solely up to you and your conscience. For each individual, the answers to these questions evolve from a blend of ethical, personal and practical considerations.The law makes it a felony punishable by up to eight years of imprisonment for an HIV-positive person to "willfully expose" another person to HIV through unprotected sex.The law is narrowly drafted, however, so that it only applies to individuals who intend to infect others with HIV through sex.Only a fraction of these cases involve exposure through consensual sex.

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It is designed to prosecute cases like one in New York, where one man infected more than a dozen young women, not to police every sexual encounter engaged in by people living with HIV.

To be prosecuted under the law, you would have to do all of the following: While California's willful exposure law may seem like just another way to make scapegoats out of people living with HIV, it is extremely lenient in the context of similar legislation that has been passed in other states. C., reports that 27 other states have established criminal penalties for knowingly transmitting or exposing another person to HIV.



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