HIV Disclosure in CA: Is It Mandatory to Tell Your Partner?

Understanding California’s HIV Criminalization Reform: Senate Bill 239

According to Legacy, in 2017, Governor Jerry Brown signed Senate Bill 239 into law, significantly altering HIV criminalization in California [1].

Under the new law, authored by Senator Scott Wiener (DSan Francisco) and Assemblymember Todd Gloria (D-San Diego), criminal penalties based on a person’s HIV status cannot be imposed unless the person acts with the intent to harm another person

Key Changes Under the New Law

• Previous Law: HIV was the only medical condition that could lead to felony charges, with penalties of up to 8 years in prison. Exposure to other communicable diseases was prosecuted as a misdemeanor.
• Current Law: HIV is treated like other serious communicable diseases. To convict someone of a misdemeanor (punishable by up to 6 months in jail), it must be proven that the person, knowing their status, intended to transmit the disease and that their conduct posed a substantial risk of transmission.
• Precautions: The law specifies that individuals who take precautions to reduce transmission risk, such as using condoms or taking medication to eliminate transmission risk, do not possess the intent required for conviction.

Also Read: California Dating Laws

California’s Law on Willful Exposure to Infectious Diseases: PC 120290

According to SCLG, penal Code 120290 in California addresses willful exposure to an infectious disease. Under this law, it is a misdemeanor to engage in unprotected sex without informing a partner of an STD, but only if the intention is to infect the other person [2].

Penalties for Intentional HIV Exposure

• If the partner is infected: The penalties include up to 6 months in jail and/or a fine of up to $1,000.
• If the attempt is unsuccessful: The punishment can be up to 90 days in jail.

Background and Support
The bill was signed into law by then-Governor Jerry Brown and was supported by various groups within the LGBTQ community, including transgender individuals, people of color, and sex workers. The bill reflects advancements in HIV treatment and the understanding that HIV is no longer a death sentence with proper care and widespread testing.

What if I Don’t Disclose But Use Protection?

A person cannot be prosecuted for intentionally transmitting a disease if they take practical measures to prevent transmission.

This includes using a condom, barrier protection, or faithfully following a medical provider’s treatment plan.

However, other circumstances might still expose the individual to potential civil lawsuits.

Importance of Disclosing HIV Status in Relationships

Open communication with potential partners is vital for building trust and maintaining healthy relationships.

Disclosing your HIV status allows partners to make informed decisions about intimacy and potential risks, promoting a foundation of trust and mutual understanding.

Even if legal disclosure is not required, honesty remains crucial for fostering a trustworthy and transparent relationship.

Related Articles:

• What if a Minor Lies About Their Age Online?
• Is It Illegal to Date a Minor?
• What is Solicitation of a Minor?

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References:

1. https://legacy.lambdalegal.org/sites/default/files/publications/downloads/faq_for_new_ca_law_sb_239.pdf
2. https://www.shouselaw.com/ca/blog/laws/do-i-have-to-tell-a-sexual-partner-that-i-am-hiv-positive-in-california/