Overview
Oman’s Penal Code, adopted in 2018, has an HIV-specific law which criminalises HIV transmission.
Article 321 makes it an offence for anyone to ‘wilfully cause the transmission of AIDS’ (sic). The penalty attached is three to ten years’ imprisonment, or life where death occurs. Where the transmission occurs ‘by mistake’, the penalty is lower at one to three years’ imprisonment. This provision appears to be limited to cases of actual transmission, whether intentional or reckless, and does not criminalise HIV ‘exposure’ or non-disclosure.
We are not aware of any instances of this law, or any general criminal law, being enforced in HIV cases to date.
Laws
Penal Code
Article 321
Whoever wilfully causes, using any means, the transmission of acquired immune deficiency syndrome (AIDS) to an uninfected person, shall be punished by imprisonment for a period no less than (3) three years and not exceeding (10) ten years.
If the act results in the death of the victim, the punishment shall be life imprisonment.
If the infection is transmitted by the mistake of the perpetrator, the punishment shall be imprisonment for a period no less than a year and not exceeding (3) three years.
HIV Justice Network's Positive Destinations
Visit the Oman 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.