Overview
There are no statutes explicitly criminalising HIV ‘exposure’, non-disclosure, or transmission in American Samoa, and we are not aware of any cases of arrest under general criminal laws.
There is one HIV-specific provision in the Criminal Code which was introduced in 1994. This provision requires all people convicted of certain sexual offences, including rape, sexual assault, and ‘sodomy’, to undergo mandatory testing for HIV within 30 days. Although the results are not to be used in criminal proceedings, they are shared with the victim of the offence who may be provided with health and support services in request.
For a detailed analysis of HIV criminalisation in the United States, see the Center for HIV Law and Policy report, HIV Criminalisation in the United States: a Sourcebook on State and Federal HIV Criminal Law and Practice.
Laws
Criminal Code
46.3619. Mandatory HIV testing for persons convicted of sexual offenses, or adjudicated as a juvenile offender
(a) Where a person is convicted as an adult or adjudicated as a juvenile offender under 46.3604, 46.3610, 46.3611, 46.3612, 46.3615, 46.3616 or 46.3618, the court shall order the following:
(1) That as a condition of sentence, the defendant shall, within thirty days, undergo testing performed by the American Samoa Government department of health to determine whether the defendant has the acquired immune deficiency syndrome (AIDS), or its precursor, human immunodeficiency virus (HIV) in his or her body.
(b) That the results of such tests shall be submitted to the court and made available only to the victim and to the defendant.
(c) That upon the victim’s request, the Office of the Attorney General shall provide the victim with referrals to the Department of Health and Department of Human Resources for counseling, health care, medical testing, and support services relating to the acquired immune deficiency syndrome (AIDS), or precursor, human immunodeficiency virus (HIV).
Acknowledgements
HIV Justice Network's Positive Destinations
Visit the American Samoa page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.