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HIV criminalization laws... Outdated?

Posted on 5/23/19 at 12:32 pm
Posted by JPLSU1981
Baton Rouge
Member since Oct 2005
26233 posts
Posted on 5/23/19 at 12:32 pm
I watched the below linked video and felt it necessary to do my small part to help affect positive change....Is it time to amend Louisiana HIV criminalization laws?

Currently, even if one is on ART medication and has an undetectable viral load and therefore can’t pass the virus to others, they could still be arrested for not disclosing their HIV status to their sexual partner, face up to ten years in prison, and have to register as a sex offender.

Video: HIV criminalization laws

quote:

Any number of consensual sexual activities may result in prosecution and imprisonment for people living with HIV (PLHIV). It is an unlawful act, punishable by up to 10 years in prison (with or without hard labor) and/or a $5,000 fine for a PLHIV who knows their status to intentionally expose another to HIV through sexual contact.1 Despite the language in the statute, Louisiana courts have found that neither the intent to expose another to HIV2 nor actual transmission is required.3 “Sexual contact” is not specfically defined in the statute or elsewhere in Louisiana’s Criminal Code.4 However, the statute’s inclusion of exposure via “any means or contact”5 suggests that oral sex or other sexual activities posing no or very low risk of HIV transmission are encompassed within the scope of the law.
Posted by Esquire
Chiraq
Member since Apr 2014
11570 posts
Posted on 5/23/19 at 12:35 pm to
quote:

Currently, even if one is on ART medication and has an undetectable viral load and therefore can’t pass the virus to others


They still have HIV
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34985 posts
Posted on 5/23/19 at 12:35 pm to
quote:

undetectable viral load


Gross.
Posted by FearTheFish
Member since Dec 2007
3753 posts
Posted on 5/23/19 at 12:37 pm to
quote:

t is an unlawful act, punishable by up to 10 years in prison (with or without hard labor) and/or a $5,000 fine for a PLHIV who knows their status to intentionally expose another to HIV through sexual contact.

You want to decriminalize that?

Sounds like a legit crime to me.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34985 posts
Posted on 5/23/19 at 12:38 pm to
quote:

JPLSU1981


Sorry about your aids baw.
Posted by Ed Osteen
Member since Oct 2007
57445 posts
Posted on 5/23/19 at 12:38 pm to
I'm not understanding what's wrong with them in the first place
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124257 posts
Posted on 5/23/19 at 12:38 pm to
They should get the death penalty imo
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141656 posts
Posted on 5/23/19 at 12:46 pm to
I say send all the homosexuals back to Africa
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
18397 posts
Posted on 5/23/19 at 12:59 pm to
Doesn’t matter. If someone has HIV, they have to tell any potential partners. I understand that the viral load may he so reduced that it can’t be transmitted, but you still have to think about the other person. If I was going to have sex with someone, I would want to know if they had HIV. People are too careless with sex as it is.
Posted by Dead End
Baton Rouge
Member since Aug 2013
21237 posts
Posted on 5/23/19 at 1:05 pm to
quote:

Sorry about your aids baw.


Exactly
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 5/23/19 at 1:05 pm to
quote:

affect positive change.


ISWYDT
Posted by MojoGuyPan
Intercession City, Florida
Member since Jun 2018
2797 posts
Posted on 5/23/19 at 1:45 pm to
quote:


HIV criminalization laws... Outdated?


Yeah definitely outdated. HIV isn't a death sentence anymore. It's been relegated to being just an inconvenience that requires medication for life.

HIV is the new Herpes.
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 5/23/19 at 2:01 pm to
quote:

Yeah definitely outdated. HIV isn't a death sentence anymore. It's been relegated to being just an inconvenience that requires medication for life.

HIV is the new Herpes.


I disagree completely. Yes, you can now take prescription meds which keep you from dying. However, someone's decision not to disclose their positive status before sexual contact should still be a serious punishable offense.

I get it, HIV pos. people feel a lot of shame and do not want to disclose because of the stigma around the virus, but their shame and feelings in not wanting to disclose their positive status shouldn't sentence an innocent, disease free person to a life of financial hardship. That medication is incredibly expensive.
Posted by Henry Jones Jr
Member since Jun 2011
68451 posts
Posted on 5/23/19 at 2:02 pm to
quote:

they could still be arrested for not disclosing their HIV status to their sexual partner, face up to ten years in prison, and have to register as a sex offender.
They still have HIV. Why should they not be punished for not disclosing their status? There is ALWAYS a change they can spread it. Any doctor that says otherwise is a moron
This post was edited on 5/23/19 at 2:03 pm
Posted by Henry Jones Jr
Member since Jun 2011
68451 posts
Posted on 5/23/19 at 2:02 pm to
quote:

HIV is the new Herpes.
How exactly?
Posted by JPLSU1981
Baton Rouge
Member since Oct 2005
26233 posts
Posted on 5/23/19 at 2:21 pm to
quote:

There is ALWAYS a change they can spread it. Any doctor that says otherwise is a moron



With all due respect, this is why I posted the thread. Clearly there are still many that are misinformed.

There is no risk of sexual transmission with an undetectable load. Every doctor knows this.
Posted by Henry Jones Jr
Member since Jun 2011
68451 posts
Posted on 5/23/19 at 2:36 pm to
quote:

There is no risk of sexual transmission with an undetectable load. Every doctor knows this.
Sorry. You'll never convince me that a person with HIV shouldn't be required to disclose their status. Anyone that thinks they shouldn't have to is an idiot. If a person with HIV doesn't disclose it to a potential partner, I say they are just as bad as a murderer on death row
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118921 posts
Posted on 5/23/19 at 2:37 pm to
Sounds like they still have the virus and know it.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34596 posts
Posted on 5/23/19 at 2:37 pm to
quote:

I get it, HIV pos. people feel a lot of shame and do not want to disclose because of the stigma around the virus, but their shame and feelings in not wanting to disclose their positive status shouldn't sentence an innocent, disease free person to a life of financial hardship. That medication is incredibly expensive.


In the beginning, HIV positive people (almost exclusively gay back then) were against almost anything that would prevent the spread of HIV.
They didn't want quarantined, and a LOT of experts suggested that. They sure didn't want to close down those SF bath houses where they were indiscriminately fricking each other without protection.
Posted by jennBN
Member since Jun 2010
3136 posts
Posted on 5/23/19 at 2:41 pm to
Should an HIV positive RN or MD be required to disclose?
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