HIV/AIDS Criminalization in Oklahoma

HIV Criminalization is the prosecution and imprisonment of people living with HIV for things that are perfectly legal or only minor crimes for people who have not tested positive. The time to modernize is NOW.

THE LAWS ARE NOT BASED ON SCIENCE

Oklahoma’s laws punish behavior that poses no or negligible risk of HIV transmission, such as spitting, biting, and oral sex.
The laws incorrectly assume that an HIV diagnosis is a “death sentence,” when in reality it is a manageable medical condition. A person on effective treatment can have a near-normal life expectancy.

THE LAWS ARE costly

Despite passing legislation to slow prison growth, Oklahoma has one of the highest prison populations and taxpayers spend over $28,500 per inmate.
The money spent to incarcerate people under HIV criminal laws would be better spent on HIV prevention efforts and supporting the more than 6,000 Oklahomans currently living with HIV.

THE LAWS ARE unfair and stigmatizing

In Oklahoma, a person living with HIV can go to prison for 5 years for not disclosing their status before consensual sex, even when they did not intend to harm anyone, there was no risk of harm, and no harm resulted. This is a more severe punishment than second-degree manslaughter or domestic abuse by strangulation.
In Oklahoma, having a felony on your record means restrictions on your ability to hold public office, and access to benefits like food stamps, public housing, and more.

There is no evidence that HIV criminal laws promote public health by increasing disclosure, HIV testing, or safer sex. The laws have had zero impact on rates of HIV diagnosis.
Despite having an HIV-specific criminal statute, Oklahoma was identified as one of seven states in the U.S. with the highest rural burden of HIV, and HIV diagnosis rates have not dropped despite these criminalization laws.
In fact, HIV criminalization may discourage testing and knowledge about an individual’s status. There is an increased need for education and prevention with 21% of newly diagnosed HIV cases in Oklahoma among those identified as late testers (having received an AIDS diagnosis less than 3 months after they first tested positive for HIV).
HIV criminal laws harm marginalized communities that are already disproportionately affected by HIV.

THE LAWS do not promote public health

Oklahoma’s HIV criminal laws are opposed by public health and criminal justice experts, such as the National Alliance of State and Territorial AIDS Directors (NASTAD) and the National Association of Criminal Defense Lawyers (NACDL).
The U.S. Department of Justice has recommended that states like Oklahoma reexamine their HIV criminal laws to better align with current evidence and “consider whether the laws are the best vehicle to achieve their intended purpose.”

LEADING PUBLIC HEALTH AND LEGAL EXPERTS SAY THE LAWS NEED TO CHANGE

Sources:

Oklahoma State Department of Health, Oklahoma Among Seven States With Highest Rural HIV Burden, (Feb. 10, 2022) available at https://oklahoma.gov/health/news---events/newsroom/2022/february/oklahoma-among-seven-states-with-highest-rural-hiv-burden-.html (last visited April 3, 2023).

How much do states spend on prisons?, USAFacts (2022), https://usafacts.org/articles/how-much-do-states-spend-on-prisons/ (last visited Apr 3, 2023).

Local Data: Oklahoma, AIDSVu (2020), https://aidsvu.org/local-data/united-states/south/oklahoma/ (last visited Apr 3, 2023).

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The law in Oklahoma:

§21.1192.1. Knowingly engaging in conduct reasonably likely to transfer HIV virus

A. It shall be unlawful for any person knowing that he or she has Acquired Immune Deficiency Syndrome (AIDS) or is a carrier of the human immunodeficiency virus (HIV) and with intent to infect another, to engage in conduct reasonably likely to result in the transfer of the person’s own blood, bodily fluids containing visible blood, semen, or vaginal secretions into the bloodstream of another, or through the skin or other membranes of another person, except during in utero transmission of blood or bodily fluids, and:

The other person did not consent to the transfer of blood, bodily fluids containing blood, semen, or vaginal secretions; or
The other person consented to the transfer but at the time of giving consent had not been informed by the person that the person transferring such blood or fluids had AIDS or was a carrier of HIV.

B. Any person convicted of violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.

§21-1031. Punishment for violations - Fines - Knowingly engaging in prostitution while infected with HIV - Violations within certain distance from school or church.

A. Except as provided in subsection B or C of this section, any person violating any of the provisions of Section 1028, 1029 or 1030 of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year or by fines as follows: a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such provisions, or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours. The court in which any such conviction is had shall notify the county superintendent of public health of such conviction.

B. Any person who engages in an act of prostitution with knowledge that they are infected with the human immunodeficiency virus shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.

HIV Decriminalization Interim Study held November 2023 in conjunction with Rep Mauree Turner and the Equality Federation, with additional support and resources from the Center for HIV Law and Policy, the Williams Institute, the Latino Community Development Agency, and the Southern Plains Tribal Health Board. Watch to learn about HIV/AIDS decriminalization efforts in Oklahoma and beyond.

Resources

Stories amplifying attacks on 2SLGBTQ+ people have a measurable negative impact on mental health.

Here are some options for 2SLGBTQ+ affirming mental health support:

Trans Lifeline 877-565-8860
Trevor Project 866-488-7386 or text START to 678-678
LGBT Hotline 888-843-4564

HIV/AIDS Information Hotlines:

Oklahoma HIV/AIDS Information Hotline 800-535-2437 Voice/Telecommunications Device for the Deaf (TDD)
Native American HIV/AIDS Hotline 800-238-2437
Spanish HIV/AIDS Hotline (Línea directa de VIH/SIDA) 800-344-7432 V/TDD