HIV Criminalization Laws

HIV criminalization laws criminalize the transmission of, or perceived exposure to, HIV and other infectious diseases. The laws create a strong disincentive for being tested for HIV, and result in adverse public health outcomes. Some laws also criminalize behaviors, such as spitting, that have no risk of HIV transmission.

MAP relies on the research conducted by the Center for HIV Law and Policy for this map and the statutes found below.

State has HIV criminalization law and either HIV-specific sentencing enhancements or may require sex offender registration (or both)
(7 states)
State has HIV criminalization law
(16 states + 1 territory)
State has no HIV criminalization law, but does have HIV-specific sentencing enhancements for sex-related convictions
(4 states + 1 territory)
No HIV-specific law
(23 states + 3 territories + D.C.)
State has general STI/communicable disease law, which could be used to prosecute people living with HIV
State has general STI/communicable disease law, which could be used to prosecute people living with HIV
(11 states)
State's HIV criminalization law may require sex offender registration
State's HIV criminalization law may require sex offender registration
(5 states)

The extent to which states or individual prosecutors actively prosecute cases under these statutes varies greatly, as do the penalties if convicted. A number of criminal laws on sexually transmitted infections explicitly include HIV, whereas others contain broad definitions that could encompass HIV. It is important to note that while several states have no known HIV-specific or communicable disease statutes, there are also no legal frameworks in place to prevent prosecutions under general criminal codes in these states.

For more information, contact The Center for HIV Law and Policy.

If you or someone you know is currently being charged with an HIV-related offense, please contact the Legal Help Desk at Lambda Legal by calling (866) 542-8336 or through this form.

Recommended citation:
Movement Advancement Project. “Equality Maps: HIV Criminalization Laws.” https://mapresearch.org/equality-map/hiv-criminalization-laws/. Accessed June 12, 2026.

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

12%
12% of the LGBTQ population lives in a state with an HIV criminalization law and either HIV-specific sentencing enhancements or may require sex offender registration (or both)
31%
31% of the LGBTQ population lives in a state with an HIV criminalization law
15%
15% of the LGBTQ population lives in a state with no HIV criminalization law but does have HIV-specific sentencing enhancements for sex-related convictions
41%
41% of the LGBTQ population lives in a state with no HIV-specific laws