Study

Black Men Disproportionately Impacted By Louisiana HIV Criminalization Law, New Report Finds

A new report from The Williams Institute examining the beginning and ending stages of the HIV criminalization cycle in Louisiana paints an even clearer picture of the demographic most impacted by discriminatory and outdated laws criminalizing people with HIV in the state.

Black people—and especially Black men—were the majority of people identified as suspects and arrested for HIV-related crimes, according to research by The Williams Institute.

Louisiana enacted its law in 1987, becoming one of the first states to criminalize HIV—nine years before the release of lifesaving antiretroviral drugs that allowed people living with HIV to achieve viral suppression and before FDA approval of PrEP, a game-changer in HIV prevention.

Louisiana has one primary HIV criminal law, intentional exposure to HIV. Intentional exposure is a felony; the maximum sentence is ten years imprisonment and a $5,000 fine. The law provides a heightened sentence for deliberate exposure to a first responder performing their official duties. In this case, the maximum penalty increases to 11 years and a fine of up to $6,000. Additionally, a conviction for intentional exposure to HIV requires the person convicted to register as a sex offender under Louisiana law for 15 years.

Black Men Disproportionately Impacted By Louisiana HIV Criminalization Law, New Report Finds