ABSTRACT
States and the federal government have tried to control transmission of the Human Immunodeficiency Virus (HIV) virus through both criminal and public health laws. As with much of HIV/Acquired Immune Deficiency Syndrome (AIDS) law, these laws are in flux, statutes are being modified, and new laws are being enacted. Many states have enacted statutes that criminalize the transmission of the HIV virus. More broadly, the criminal law approach could encourage individuals aware of these laws to avoid HIV testing, in the belief that promises of confidentiality may not be kept, and thus ignorance of one's HIV-positive condition could be a defense. In addition, many states have enacted statutes that call for mandatory HIV testing of individuals who commit certain criminal offenses, such as rape, prostitution, and child sexual abuse. Prior to sentencing Cooper tested positive for AIDS and the sexual assaults may result in the victim contracting the deadly disease.
