New Hampshire

There are no HIV-specific laws criminalising ‘exposure’, non-disclosure, or transmission in New Hampshire. There has been at least one instance of a general criminal law being applied to potential or perceived HIV ‘exposure’, however.

In the 2002 case, a man living with HIV was charged with second degree assault with a deadly weapon and reckless conduct with a deadly weapon after allegedly having unprotected sex without disclosing his status. In legal proceedings a court ruled that a reasonable jury could determine that a person living with HIV who engages in unprotected sex is using their sexual organs as a ‘dangerous weapon’ as it carries a perceived risk of transmission of a disease which could cause ‘serious bodily injury’. It is not clear whether the man was convicted at trial.

Under New Hampshire’s health laws, officials may order examination, treatment, isolation, or quarantine of anyone suspected of having been ‘exposed’ to, or of ‘exposing’ another to, STIs. Violation of these orders can result in misdemeanour conviction, though the penalty available is unclear.

In a 2008 case a man was ordered to pay for HIV testing and write a letter of apology after allegedly spitting on a police officer during an arrest, though his own HIV status is not known.For a detailed analysis of HIV criminalisation in New Hampshire, 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.