O'Neill Institute | May 29, 2018
Read the PublicationMore than a dozen states have laws criminalizing knowingly exposing another to viral hepatitis. Unlike most other crimes against the person, the prosecution typically does not have to prove intent to harm (the intent to transmit) or actual harm (actual transmission). The laws also frequently criminalize conduct posing no or negligible risk and are excessively punitive relative to comparable types of harm.