Is it a crime to transmit HIV in Nevada?

Transmitting HIV is a misdemeanor in Nevada if the following three conditions are true:

1. You know you have HIV; and
2. You intentionally conduct yourself in a manner that is specifically intended to transmit HIV to another person and has a high probability of transmitting HIV to another person; and
3. You transmit HIV to another person.

Misdemeanors carry up to six months in county jail and/or up to $1,000 in fines. Though before the court hands down fines or incarceration, it must consider all alternative means to advance the public health.¹

How do I fight the charges?

There are four main defenses to the Nevada crime of deliberately transmitting HIV. They include:

1. You had no knowledge of your HIV+ status. If you had no idea that you were HIV positive, you did not commit intentional transmission of HIV. Therefore if you were never tested or notified of being HIV positive, you probably would not be criminally liable under NRS 441A.180.
2. You did not deliberately transmit HIV. It is only a crime to transmit HIV if you knowingly performed an act likely to transmit HIV. For example, if an HIV-positive person gets raped and the rapist contracts HIV as a result, the victim should not be prosecuted for transmitting HIV to their rapist.
3. The victim knowingly consented to the activity that caused the transmission. People who contract HIV from behaviors with full knowledge that they may likely cause them to contract HIV are not crime victims. If someone shares needles with or has sex with someone they know is HIV positive, no crime was committed.²
4. You tried to prevent the transmission. For example if you used a condom during sex but your partner got HIV anyway, that is strong evidence that you did not intentionally transmit HIV.

What if I did not use a condom during sex?

Nevada courts will not automatically deem you to have intentionally transmitted HIV solely because you failed to use a condom. Though the state can use your failure to use a condom as evidence of your state of mind, especially if there is other circumstantial evidence suggesting you intentionally transmitted HIV.³

What if I am pregnant?

It is not a violation of NRS 441A.180 if you become pregnant and expose your unborn child to HIV or transmit HIV to your unborn child.⁴

What if I want to donate blood?

It is not a violation of NRS 441A.180 if you donate blood (or sperm, tissue, or an organ) and thereby expose another person to HIV or transmit HIV to another person.⁵

Can I still get convicted if no one else gets HIV?

Even if you do not end up transmitting HIV to anyone else, you can still be charged with a Nevada misdemeanor if the following two elements are true:

1. You conduct yourself in a manner that has a high probability of transmitting HIV to another person or you engage in any occupation in which there is a high probability that HIV will be transmitted to other persons (such as by soliciting prostitution); and
2. A health authority served you with a written warning informing you of your violating behaviors and of the precautions you must take to avoid exposing others to HIV.

Misdemeanors carry up to six months in jail and/or up to $1,000 in fines.⁶

Legal References: