Guam

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: Yes

Is transmission actionable: Yes

Laws

Applicable laws

Guam Code Annotated. Title 9 Crimes and Corrections. Chapter 28 Public Indecency.

GuamCode Annotated. Title 10: Health & Safety Chapter 3 Public Health and Social Services.

Applicable key wording

GuamCode Annotated. Title 10: Health & Safety Chapter 3 Public Health and Social Services. § 3320. Willful Exposure.

Discussion

GuamCode Annotated. Title 10: Health & Safety Chapter 3 Public Health and Social Services.

§ 3320. Willful Exposure.

No person having a communicable disease or any other disease dangerous to the public health or being in charge of any other person afflicted with such a disease, shall willfully expose himself or such person in any public place, street or highway except as may be authorized by the Director.

Note: Under Guam’s public health laws, it is unlawful for any person with a “communicable disease” to “willfully expose himself” in any public place, street or highway[1].

Although Guam defines both HIV and AIDS as communicable diseases[2], this exposure statute was intended to address contagious disease outbreaks, and is seemingly inapplicable to HIV exposure or transmission.

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

[1]GUAM CODE ANN. tit. 10, § 3320 (2009).

[2]GUAM CODE ANN. tit. 10, § 3301(a). 

Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017