In its upcoming legislative session, the Indiana General Assembly must scrap the state°®¶¹apps outdated HIV laws °®¶¹app relics of an era when fear trumped science. Enacted at the height of the HIV/AIDS crisis, the current laws are now not only scientifically obsolete, they serve to perpetuate stigma, deter testing and disproportionately harm marginalized groups, thus undermining public health, according to a recent University of California Los Angeles School of Law report.
The report released on Nov. 20 underscores that these laws not only fail to reflect current medical knowledge but also actively harm those living with HIV. For instance, antiretroviral treatments can now suppress the virus to undetectable and untransmittable levels, and pre- and post-exposure prophylaxis options are available to prevent transmission. Yet Indiana°®¶¹apps statutes, which include severe penalties for failure to disclose HIV status and criminalize acts such as spitting and biting, remain rooted in misinformation, said Carrie Foote, the report°®¶¹apps co-author and a professor of sociology at Indiana University Indianapolis.
Foote is also the chair of the HIV Modernization Movement °®¶¹app Indiana, a statewide network of people living with HIV and allies. According to the U.S. Centers for Disease Control and Prevention, more than 13,900 people in Indiana are living with HIV.
The report found that HIV-related arrests and prosecutions in Indiana often penalize acts that pose no risk of transmission. For example, spitting or exposing blood to intact skin °®¶¹app actions that cannot transmit HIV °®¶¹app can still result in harsh legal consequences for those living with the virus.
Such laws are not only patently outdated but also wholly unnecessary. Stringent federal and state regulations already ensure the safety of blood and semen donations. The criminalization of HIV-related acts adds no measurable protection. Instead, it creates legal uncertainty for those living with the virus.
The broader consequences are stark. By fostering fear and stigma, these laws deter people °®¶¹app especially men of color °®¶¹app from seeking testing and treatment. This is a significant barrier to public health efforts to reduce the spread of HIV. The state°®¶¹apps failure to act directly contradicts its commitment to ending the HIV epidemic. This goal requires a robust and inclusive public health approach.
Indiana has taken small steps toward modernization. A bill passed in the Republican-led House in 2023 proposed eliminating sentence enhancements for HIV-related crimes and repealing outdated provisions regarding blood donations. While the House progressed, the Senate failed to act, leaving these discriminatory statutes in place.
At the time, Foote aptly described this advocacy as a marathon rather than a sprint. It°®¶¹apps a long course, but one that demands persistence. Indiana legislators must align the state°®¶¹apps laws with modern science and public health priorities.
°®¶¹appBy modernizing HIV criminal laws, we not only align with best practices endorsed by leading state health organizations, like the Indiana State Medical Association and the Indiana Red Cross, but also affirm our commitment to health and legal equity for all,°®¶¹app Foote said.
The 2025 legislative session presents another opportunity to modernize Indiana°®¶¹apps HIV laws. Our leaders must listen to experts, advocates and people living with HIV. Hoosiers need laws based on facts rather than fear and equity over stigma. This is a race Indiana must finish, not just for its HIV-positive residents but for the health and humanity of us all.
