Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

§ 7.01 The Problems Inherent in a Criminal Justice Response to an Epidemic

[A] Historical Background

[B] Recommended Prosecutorial Guidelines

§ 7.02 Persons with HIV as Crime Victims: Hate Crime Legislation and Related Issues

[A] Hate Crime Legislation

[B] U.S. Sentencing Commission Guidelines

§ 7.03 HIV and Substantive Criminal Law Issues

[A] Homicide and Attempted Homicide

[B] Assault and Assault with a Deadly Weapon

[1] Teeth/Biting as a Deadly Weapon

[2] Sexual Organ/Bodily Fluids as Deadly Weapon

[3] Needles/Syringes as Deadly Weapon

[C] Reckless Endangerment

[D] Terroristic Threats

[E] Sodomy

[F] Prostitution

[G] Communicable Disease Control Statutes

[H] HIV-Specific Criminal Statutes

[1] Overbreadth and Void-for-Vagueness Challenges

[2] Right-to-Privacy Challenges

[I] Military Offenses

[1] Violations of Safe-Sex Orders

[2] Conduct Prejudicial to Good Order

[3] Prosecutions for Assault

§ 7.04 HIV Testing and Disclosure of HIV Status

[A] Involuntary HIV Testing of Criminal Suspects and Defendants

[1] Search-and-Seizure Framework

[2] Testing for Prosecution Purposes

[3] Testing for Purposes Other Than Prosecution

[4] Testing as a Separate Search

[B] Release of Health Care Information and Other Disclosure Issues

§ 7.05 Fair Trial and Postconviction Issues

[A] Fairness in Judicial Proceedings Generally

[B] Bail and Pretrial Detention

[C] Courtroom Security Procedures

[D] In-Court Disclosure of Defendant’s HIV Status

[E] Sentencing Issues

[1] Federal Sentencing Guidelines

[a] HIV/AIDS as Extraordinary Physical Impairment

[b] Mitigating Circumstances Not Addressed in Guidelines

[2] Reduced Life Expectancy

[3] State Court Sentencing Rulings

[4] Disclosure of Defendant’s HIV Status at Sentencing

[F] Motions to Vacate Plea or Sentence