Central America

Belize’s most recent Criminal Code, enacted in 2000, includes an HIV-specific law criminalising ‘deliberate’ or ‘reckless’ HIV exposure or transmission with a maximum prison sentence of ten years. It defines these acts as having vaginal, oral, or anal intercourse that is “capable of transmitting bodily fluids” without disclosure of known HIV-positive status. There are no data on the number of prosecutions or convictions. A review of Belize’s HIV-specific criminal law is currently ongoing.

Costa Rica enacted an HIV-specific law in 1998 that criminalises HIV transmission in the absence of disclosure of known HIV-positive status, with a maximum sentence of 16 years. There are no data on the number of prosecutions or convictions.

El Salvador passed an HIV-specific law in 1993 stating that “if HIV-infected patients or patients with AIDS do not comply with sexual abstinence or prevention measures, the Commission is to inform the Ministry of the situation with a view to taking appropriate legal measures to prevent the spread of AIDS.”¹ Non-HIV-specific assault laws apply, and it is thought that both intentional and reckless HIV exposure or transmission could be prosecuted with a maximum sentence of eight years’ imprisonment, increased by a third if there is ‘aggravated injury’. There are no data on the number of prosecutions or convictions.

Honduras passed an HIV-specific law in 1999 that makes it mandatory that people who are aware they are living with HIV must inform their spouse or sexual partner. It also allows for “the spread of HIV in a fraudulent or negligent manner” to be subject to existing laws criminalising the “intentional spread of dangerous illness” or “violation of health authority measures”. This suggests that both HIV exposure and transmission without disclosure may be subject to prosecution. Maximum penalties would be two years for HIV exposure and six years for HIV transmission. There are no data on the number of prosecutions or convictions.

Panama enacted an HIV-specific law in 2000 that places a legal obligation on people who are aware they are living with HIV to disclose to people who may be at risk of infection. It also criminalises ‘intentional’ HIV transmission, although there is no further definition of which specific acts are criminalised. The maximum sentence is five years’ imprisonment. There are no data on the number of prosecutions or convictions.