Marshall Islands

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Marshall Islands
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Communicable Diseases Prevention and Control Act 1988

Key wording in the law: 

Offense for Transmission of AIDS or HIV

Key Cases: 

None

Discussion: 

Communicable Diseases Prevention and Control Act 1988 (s 1511)-

Any person knowingly infected with AIDS or HIV who purposefully or through gross negligence transmits such disease to another person, shall be guilty of a criminal offense. This offense carries a penalty of a fine of up to one hundred thousand dollars or to a life of solitary confinement under the care of the Ministry of Health Services or both. In addition, the offender shall be liable to civil damages and any other rights and remedies which a victim may have at law or equity.

Further reading: 

Colvin E (2002). Criminal responsiblity uner the South Pacific codes

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

Some HIV/AIDS entry restrictions exist for visitors to and foreign residents of the Republic of the Marshall Islands.

HIV test may be required for visits over 30 days.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Protective laws and policies for people living with HIV: 

Yes