Marshall Islands

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

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

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Communicable Diseases Prevention and Control Act 1988

Applicable key wording

Offense for Transmission of AIDS or HIV

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

Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017