AIDS and the Law, Fourth Edition
Chapter 7: Criminal Law
§ 7.01 The Problems Inherent in a Criminal Justice Response to an Epidemic
[A] Historical Background
[B] Recommended Prosecutorial Guidelines
§ 7.02 Persons with HIV as Crime Victims: Hate Crime Legislation and Related Issues
[A] Hate Crime Legislation
[B] U.S. Sentencing Commission Guidelines
§ 7.03 HIV and Substantive Criminal Law Issues
[A] Homicide and Attempted Homicide
[B] Assault and Assault with a Deadly Weapon
[1] Teeth/Biting as a Deadly Weapon
[2] Sexual Organ/Bodily Fluids as Deadly Weapon
[3] Needles/Syringes as Deadly Weapon
[C] Reckless Endangerment
[D] Terroristic Threats
[E] Sodomy
[F] Prostitution
[G] Communicable Disease Control Statutes
[H] HIV-Specific Criminal Statutes
[1] Void for Vagueness Challenges
[2] Right to Privacy Challenges
[I] Military Offenses
[1] Violations of Safe Sex Orders
[2] Conduct Prejudicial to Good Order
[3] Prosecutions for Assault
§ 7.04 HIV Testing and Disclosure of HIV Status
[A] Involuntary HIV Testing of Criminal Suspects and Defendants
[1] Search and Seizure Framework
[2] Testing for Prosecution Purposes
[3] Testing for Purposes Other Than Prosecution
[4] Testing as a Separate Search
[B] Release of Health Care Information and Other Disclosure Issues
§ 7.05 Fair Trial and Post-Conviction Issues
[A] Fairness in Judicial Proceedings Generally
[B] Bail and Pre-Trial Detention
[C] Courtroom Security Procedures
[D] Disclosure of Defendant’s HIV Status
[E] Sentencing Issues
[1] Federal Sentencing Guidelines
[a] HIV/AIDS as Extraordinary Physical Impairment
[b] Mitigating Circumstances Not Addressed in Guidelines
[2] Reduced Life Expectancy
[3] State Court Sentencing Rulings
[4] Disclosure of Defendant’s HIV Status at Sentencing
[F] Motions to Vacate Plea or Sentence
