AIDS transmission may be prosecuted under traditional murder, manslaughter, negligent homicide, attempted murder, and assault statutes. The substantive elements of these offenses, however, are ill-suited to the contexts and mental elements of AIDS transmission. Although some States have public health laws that make it a misdemeanor to willfully or knowingly expose another person to a contagious disease, these statutes do not give sufficient attention to the factors that make AIDS unique. The most appropriate AIDS-specific offense would be one which makes it an affirmative duty for infected persons, as a condition of engaging in sexual intercourse, to fully disclose their infection to potential sexual partners to obtain their knowing consent to intercourse. The affirmative duty of using precautions such as condoms would also be required. Any criminal law, however, is not a desirable means of regulating the sexual transmission of AIDS, because this poses the threat of massive government intrusion into sexual privacy and the danger of selective prosecution and enforcement to harass unpopular at-risk groups such as gay men. Civil remedies are preferable. 68 references.