Overview
There are no HIV-specific criminal laws in Arizona, and no reported cases of general criminal laws being used to criminalise people living with HIV based on their HIV-positive status. Although there is a misdemeanour offence covering ‘exposure’ to undefined ‘contagious infectious diseases’, and which is punishable by up to four months’ imprisonment, there is no evidence of this law being enforced against people living with HIV.
In contrast to many other US states, HIV-positive status may actually lead to mitigated, rather than enhanced, sentences in Arizona. This has happened in at least one case.
For a detailed analysis of HIV criminalisation in Arizona, as well as all other US 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
Arizona Statutes § 36-631
Person with contagious or infectious disease exposing himself to public; classification; exception
A person who knowingly exposes himself or another afflicted with a contagious or infectious disease in a public place or thoroughfare, except in the necessary removal of such person in a manner least dangerous to the public health, is guilty of a class 2 misdemeanor.
Acknowledgements
HIV Justice Network's Positive Destinations
Visit the Arizona 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.
