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39 Ariz. St. L.J. 467 (2007)
Do Criminal Laws Influence HIV Risk Behavior - An Empirical Trial

handle is hein.journals/arzjl39 and id is 475 raw text is: Do CRIMINAL LAWS INFLUENCE HIV RISK
BEHAVIOR? An Empirical Trial
Scott Burris,' Leo Beletsky,tt Joseph Burleson,* Patricia
Case** and Zita Lazzarini+
SUMMARY
All states have criminal laws that can be used to punish sexual behaviors
that pose some risk of HIV transmission; half have HIV-specific laws
criminalizing sexual contact by people with HIV unless they abstain from
unsafe sex, or disclose their HIV status and obtain consent from their
partners. Whether these laws influence behavior is unknown. Illinois and
New York exhibit contrasting legal conditions. Illinois has an HIV-specific
law explicitly requiring disclosure by HIV-positive persons. New York has
no HIV-specific law. This study tests the null hypothesis that differences in
law and beliefs about the law do not influence condom use in anal or
vaginal sex.
In this empirical study, 490 people at elevated risk of HIV were
interviewed, 248 in Chicago and 242 in New York City. Approximately half
in each state were men who have sex with men (MSM) and half were
*r   This  article  was  supported  by  Grant/Cooperative  Agreement  Number
R06/CCR 118660-01 from the Centers for Disease Control and Prevention (CDC). Its contents
are solely the responsibility of the authors and do not necessarily represent the official views of
the CDC. The authors would like to acknowledge the wonderful help and support of Matt Cook,
David Gregorio, Kristina Arvanitis, Joel Houkom and Sarah Bray.
t    James E. Beasley Professor, Temple University Beasley School of Law; Associate
Director, Center for Law and the Public's Health at Georgetown and Johns Hopkins
Universities. J.D., Yale Law School, 1987; A.B., Washington University in St. Louis, 1980.
tt   Senior Research Associate, Temple University Beasley School of Law. M.P.H.,
Brown University Medical School, 2004; A.B., Vassar College, 2000.
*    Assistant Professor, Department of Community Medicine & Health Care, University
of Connecticut Medical School. Ph.D., University of Texas at Austin, 1982; M.A., California
State University, Long Beach, 1976; A.B., Cornell University, 1969.
**   Senior Research Scientist, The Fenway Institute, Fenway Community Health. Sc.D.,
Harvard School of Public Health, 1997; M.P.H. University of California, Berkeley, 1991; B.A.
San Francisco State University, 1987.
+    University of Connecticut Medical School and Center for Law and the Public's Health
at Georgetown and Johns Hopkins Universities. M.P.H., Harvard School of Public Health.,
1991; J.D, University of California, Hastings College of the Law, 1983; A.B., University of
California, Berkeley, 1979.

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