HIV IS NOT A CRIME

Why It Matters — And Why It Still Matters in Florida

Each year on February 28, communities across the country recognize HIV Is Not a Crime Awareness Day (HINAC Day) — a national day of action focused on ending HIV criminalization laws, combating stigma, and promoting evidence-based public health policy.

At organizations like Inclusive Care Group and ICG Foundation, this day is more than symbolic. It reflects the daily work of protecting patients from discrimination, misinformation, and outdated laws that do not align with modern science.

What Is HIV Criminalization?

  • HIV criminalization refers to laws that penalize people living with HIV for:

    • Not disclosing their HIV status in certain circumstances

    • Engaging in consensual sexual activity

    • Behaviors that carry little to no transmission risk

    • In some states, even spitting or biting (despite no risk of transmission)

    Many of these laws were passed in the late 1980s and early 1990s — before effective treatment existed and before we understood how dramatically HIV science would evolve.

    Today, we know:

    • People on consistent treatment can reach undetectable viral levels

    • Undetectable = Untransmittable (U=U)

    • HIV cannot be transmitted through casual contact

    • HIV is a manageable chronic condition with proper care

    Yet in many states, criminal statutes have not kept pace with medical science.

The Science: U=U Is Real

andmark PARTNER Study and follow-up research confirmed that when a person living with HIV maintains an undetectable viral load, there is zero risk of sexual transmission.

Learn more about U=U from:

Modern HIV treatment not only protects the health of the individual — it protects their partners and communities.

Criminalizing people despite this scientific consensus undermines public health goals.

HIV Criminalization in Florida

  • Florida has statutes that specifically address nondisclosure of HIV status in certain contexts. While intended to protect public health, advocates argue these laws:

    • Do not reflect current medical science

    • May discourage testing

    • Reinforce stigma

    • Disproportionately impact marginalized communities

    You can review Florida statutes here:

    National analysis of HIV criminalization laws:

Why Criminalization Hurts Public Health

  1. Public health works best when people feel safe to:

    • Get tested

    • Disclose honestly

    • Seek treatment

    • Stay engaged in care

    When laws create fear of prosecution, individuals may avoid testing altogether — because in some jurisdictions, knowing one’s HIV status increases legal risk.

    That directly conflicts with national goals like the federal Ending the HIV Epidemic (EHE) initiative, which prioritizes testing, treatment, prevention (including PrEP), and rapid response.

    Learn about EHE:
    https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/overview

he Role of Community Healthcare

    • At Inclusive Care Group, we believe:

      • Healthcare should be stigma-free

      • Testing should be accessible

      • Treatment should be affirming

      • Education should be science-based

      Through the ICG Foundation, we expand access to:

      • Free HIV testing

      • Insurance assistance programs

      • Medication support initiatives

      • Community outreach events

      • Advocacy education

      Because modern HIV care is not just clinical — it is structural, legal, and social.

What You Can Do

  • Get tested regularly.

  • Learn about U=U and share accurate information.

  • Support organizations working to modernize HIV laws.

  • Speak up against HIV stigma when you hear it.

  • Advocate for evidence-based policy in your state.