ABSTRACT

This chapter explores the movement to decriminalize HIV in the United States. Roughly two-thirds of all states have laws that make the knowing transmission of HIV illegal. Although such measures appear on their face to be about public safety, criminalizing HIV has shown repeatedly to deter people from being tested and has no impact on lowering rates of HIV infection. These laws persist due to myths about HIV, its routes of infection, and medical misconceptions about those most at risk. This chapter focuses on two particular myths: that criminalization keeps people safe and that regulating HIV through juridical means secures public health. Strides to overturn such laws are long-standing, but a recent coalition of activist groups has refocused attention on the process of decriminalization.