Josh Shapiro repeals HIV law that made a diagnosis a felony enhancement in Pennsylvania

Pennsylvania just became a safer state for people living with HIV.

Gov. Josh Shapiro signed a new law eliminating a felony enhancement for people with HIV who fail to disclose their status while engaging in prostitution. LGBTQ+ lawmakers had pushed for years to roll back a statute first enacted amid the fear and misinformation surrounding the AIDS epidemic.

Members of the Pennsylvania LGBTQ+ Equality Caucus had worked for years to modernize the state’s criminal code. The caucus issued a statement after the legislation passed the state House this month, noting that prostitution is generally a misdemeanor in Pennsylvania, while engaging in sex work without disclosing an HIV diagnosis could bring a felony charge — even when a person has an undetectable viral load and cannot transmit the virus sexually.

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“For years I’ve championed this cause because the felony enhancement on our books lacked common sense and rejected clear science,” said Pennsylvania Rep. Malcolm Kenyatta, an out Democrat. “This massive bipartisan victory is the direct result of unrelenting advocacy and bringing my colleagues and other advocates together to fight for equality. This victory will ensure that people are not considered felons because of a medical diagnosis.”

The legislation, Senate Bill 45, passed both chambers of the Pennsylvania General Assembly earlier this month without a dissenting vote. Its prime sponsor was a Republican, Pennsylvania Sen. Cris Dush. The measure made several changes to Pennsylvania’s laws governing commercial sex, including reclassifying most prostitution offenses under the portion of state law addressing human trafficking.

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“This legislation is absolutely not designed to prosecute the vulnerable,” Dush said. “The Johns, the pimps, the abusers of those young boys and girls are the targets. Those that traffic children, those who rent the bodies of these young people trying to survive ‘The Life’, those PREDATORS are the targets.”

In passing the legislation, Pennsylvania lawmakers agreed that an HIV diagnosis alone should not expose someone to a felony conviction. Advocates have long called for the law to be changed, particularly as advances in treatment allow people with HIV to remain healthy and prevent sexual transmission of the virus.

“Living with HIV is not a crime, and HIV criminalization laws have been proven, time and again, not to work for the benefit of the community or in the service of justice,” said Dr. Kathleen A. Brady, Director of the Philadelphia Department of Public Health’s Division of HIV Health. “In fact, such laws prevent public health agencies from responding effectively to the HIV epidemic by perpetuating stigma, racism, xenophobia, social and economic injustice — while reducing willingness for people to participate in HIV prevention, testing, and care.”