Overview
While there are no HIV-specific criminal laws in the British Virgin Islands, general disease provisions might apply in cases of alleged HIV ‘exposure’.
Section 325 of the Criminal Code makes it an offence to intentionally or recklessly do any act ‘likely to spread disease’, punishable with up to 14 years’ imprisonment. Negligent acts are punishable with up to five years’ imprisonment or a fine. Transmission is not required.
Although this law does not list diseases or explicitly mention HIV, a statement released by the Family and Juvenile Unit of the Royal Virgin Islands Police Force in June 2024 confirms that this provision would apply to HIV ‘exposure’.
This statement does not appear to be in response to a case of alleged HIV ‘exposure’ – and indeed we are not aware of any such cases – but instead in response to news that HIV and STI rates are increasing in the British Virgin Islands.
Laws
Criminal Code
Section 325. Acts likely to spread disease
(1) A person who intentionally or recklessly does any act which he or she knows or has reason to believe is likely to cause the spread of an infectious or contagious disease commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
(2) A person who negligently does an act which he or she knows or has
reason to believe is likely to cause the spread of an infectious or contagious
disease commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 5 years or to a fine not exceeding
$10,000, or both.
HIV Justice Network's Positive Destinations
Visit the Virgin Islands (British) 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.