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Missouri laws that criminalize spitting and biting are under fire

Lisa Oldson, MD Mar. 16, 2011

While a number of U.S. states uphold laws that call for the punishment of HIV-positive individuals who fail to disclose their condition to their sexual partners, Missouri's anti-spitting and-biting policies are being scrutinized based on medical facts, according to the American Independent.

Spitting and biting by HIV-infected individuals is a felony crime under current Missouri law.

According to the Centers for Disease Control and Prevention, only infected blood, semen, vaginal secretions and breast milk can transfer HIV from one person to another.

Since the beginning of 2011, five HIV-based criminal charges were filed against Missouri residents, according to the Independent. Laws that were instated in 1988 also allow for positive sexually transmitted disease (STD) test results to be used as proof that an HIV patient intentionally infected another person.

Now, advocates for patients' rights are calling the state's regulations "an attack" on the rights of infected individuals.

"These positive test results are used by officials to prove that HIV-positives are 'recklessly' having unprotected sex and negate the need for witness testimony," attorney Rene Bennett-Carlson told the news source.

Any individual who would like an STD screening may consider using confidential online testing services.

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