American Samoa

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Laws

Applicable laws

There are no statutes explicitly criminalizing HIV transmission or exposure in American Samoa. However, in other jurisdictions of the United States HIV-positive people have been prosecuted for HIV exposure under general criminal laws, such as reckless endangerment and aggravated assault. At the time of this publication, the authors are not aware of a criminal prosecution of an individual on the basis of that person’s HIV status in American Samoa.

Source: Ending and Defending Against HIV Criminalization: A Manual for Advocates, Volume 1. State and Federal Laws and Prosecutions. First Edition. Center for HIV Law and Policy, Positive Justice Project, 2010. http://www.hivlawandpolicy.org/resources/view/564

Applicable key wording

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017