State

California

HIV Specific “Prosecuting” Statute(s)?

Yes

Number of PLWHA in the state

111,706

# Times Charges Filed under HIV-specific statutes

3

# Different Individuals Convicted

3

Can HIV be an aggravating factor when charged with other crimes?

Yes

Statute Number

Ann.Cal.Health & Safety Code § 1621.5

Statute Title

Donation of blood, etc., by person knowing he or she has AIDS or has tested reactive to etiologic agent of AIDS or its antibodies; felony; exempt persons; disclosure of test results in criminal investigation

Statute Number

Ann.Cal.Health & Safety Code § 120291

Statute Title

Unprotected sexual activity by one who knows self to be infected by HIV; offense; evidence of knowledge; charging document

Maximum Penalty Per Charge

8 years