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NCJRS Abstract

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NCJ Number: 155418 Find in a Library
Title: Report to Congress: Adequacy of Penalties for the Intentional Exposure of Others Through Sexual Activity to the Human Immunodeficiency Virus
Corporate Author: US Sentencing Cmssn
United States of America
Date Published: 1995
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Sentencing Cmssn
Washington, DC 20002
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America

US Sentencing Cmssn
1 Columbus Circle, NE
Suite 2-500, South Lobby
Washington, DC 20002
United States of America
Document: PDF
Type: Survey
Language: English
Country: United States of America
Annotation: The U.S. Sentencing Commission carried out a study and reviewed relevant case law in order to formulate recommendations for the revision of Federal sentencing guidelines vis-a-vis persons who knowingly expose other persons, through sexual contact, to the HIV virus.
Abstract: The Commission found that current Federal law does not specifically criminalize the knowing, intentional exposure of others to HIV through sexual activity; however, if such activity occurs within Federal jurisdiction and constitutes aggravated assault or attempted murder, or occurs during the course of another crime such as sexual assault, it may be punishable. A review of 235 Federal sexual abuse cases sentenced in 1993 showed that intentional exposure of others to HIV does not pose a significant problems in such cases; however, it may present a potential concern, particularly in the context of predatory sexual attacks within the Federal prison system. During the current sentencing guideline amendment cycle, the Commission will review public comment to determine whether specific enhancements should be added in the assault and sexual abuse guidelines to cover the intentional exposure of other persons to HIV.
Main Term(s): Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
Index Term(s): AIDS/HIV transmission; Courts; Sentencing guidelines; Sexual assault; US Sentencing Commission
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=155418

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