HIV Disclosure Law Press Release

From HIV CRIMINALIZATION IN THE UNITED STATES: A SOURCEBOOK ON STATE AND FEDERAL HIV CRIMINAL LAW AND PRACTICE – The law until now:

In Michigan, it is a felony punishable by up to four years in prison if a person living with HIV (PLHIV) knows their HIV status and engages in “sexual penetration” without disclosing their HIV status. Neither the intent to transmit HIV nor actual transmission is required for prosecution. “Sexual penetration” includes anal, vaginal, and oral sex and “any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body.” Ejaculation is not required.

From the The Michigan Coalition of Health and Safety’s press release 1/8/19 – The new law in Michigan:

The amended law removes those living with HIV who are on treatment and virally suppressed-posing no risk of transmitting HIV-from being subject to prosecution. It also narrows the scope of sexual activities subject to prosecution, from “any type of sexual penetration to only “vaginal and anal sex.” Oral sex, which poses no or negligible risk of transmission regardless of whether the person with HIV is on treatment or virally suppressed, is no longer subject to prosecution.

For PLHIV who are not on treatment and not virally suppressed, it remains a felony if they do not disclose and do transmit HIV sexually. If they do not disclose and do not transmit, the penalty has been reduced to a misdemeanor in the amended statute. Any person with a “specific intent” to infect another person also remains subject to prosecution.