HIV+ Scare

[bambi66]

What is the name of your state (only U.S. law)? IN

Is it a crime if someone knows they're HIV+ and has unprotected sex but doesn't inform the partner?

If I know someone is HIV+ do I have any responsibility to inform a potential sex partner?

Thank you for any responses.

[perroloco2]

Originally Posted by bambi66

What is the name of your state (only U.S. law)? IN

Is it a crime if someone knows they're HIV+ and has unprotected sex but doesn't inform the partner?

If I know someone is HIV+ do I have any responsibility to inform a potential sex partner?

Thank you for any responses.

Yes, it is a crime:

[url=http://www.in.gov/legislative/ic/code/title16/ar41/ch7.html]Indiana Code 16-41-7[/url]
IC 16-41-7-2
Reporting of persons posing serious and present danger or being at risk
Sec. 2. (a) A carrier is a "serious and present danger to the health of others" under the following conditions:
(1) The carrier engages repeatedly in a behavior that has been demonstrated epidemiologically (as defined by rules adopted by the state department under IC 4-22-2) to transmit a dangerous communicable disease or that indicates a careless disregard for the transmission of the disease to others.
(2) The carrier's past behavior or statements indicate an imminent danger that the carrier will engage in behavior that transmits a dangerous communicable disease to others.
(3) The carrier has failed or refused to carry out the carrier's duty to warn under section 1 of this chapter.
(b) A person who has reasonable cause to believe that a person:
(1) is a serious and present danger to the health of others as described in subsection (a);
(2) has engaged in noncompliant behavior; or
(3) is suspected of being a person at risk (as described in section 1 of this chapter);
may report that information to a health officer.
(c) A person who makes a report under subsection (b) in good faith is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action.
(d) A person who knowingly or recklessly makes a false report under subsection (b) is civilly liable for actual damages suffered by a person reported on and for punitive damages.
As added by P.L.2-1993, SEC.24.

I'm not sure if you have a legal responsibility to report the individual, but IMO you have a moral responsibility. However, the report should be made to a health officer.

Others will probably post about reporting to the individual at risk, but I think that could pose problems for you. If you know the person, you can always recommend that they use condoms without disclosing the reason.