Pennsylvania Eliminates HIV Felony Enhancement in Prostitution Law

Governor Josh Shapiro signed Senate Bill 45, ending the felony enhancement that previously punished people with HIV who failed to disclose their status while engaging in prostitution. The measure, which passed both chambers of the Pennsylvania General Assembly earlier this month without a dissenting vote, reclassifies most prostitution offenses under the state’s human-trafficking statutes and makes HIV status alone insufficient for a felony conviction.

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The enhanced penalty originated in the early 1980s, when fear and misinformation about the AIDS epidemic prompted lawmakers to add a felony provision to Pennsylvania’s criminal code. Over the decades, medical advances have shown that individuals with an undetectable viral load cannot transmit the virus sexually. LGBTQ+ advocates, led by the Pennsylvania LGBTQ+ Equality Caucus, argued that the outdated law conflicted with current science and criminal-justice reform efforts, pressing for its repeal.

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• Josh Shapiro — Governor of Pennsylvania, signed the bill into law.

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• Malcolm Kenyatta — Democratic state representative, long-time champion of the reform.

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• Cris Dush – Republican state senator, primary sponsor of Senate Bill 45.

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• Dr. Kathleen A – Medical expert who has spoken publicly about HIV criminalization.

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Rep. Kenyatta said the change reflects “common sense” and aligns the law with scientific understanding of HIV transmission. Sen. Dr. Kathleen A noted that criminalizing HIV has repeatedly failed to benefit the community or serve justice, reinforcing the need for evidence-based policy.

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• “For years I’ve championed this cause because the felony enhancement on our books lacked common sense and rejected clear science,” — Malcolm Kenyatta, Pennsylvania Representative

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• “This legislation is absolutely not designed to prosecute the vulnerable,” — Cris Dush, Pennsylvania Senator

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• “Living with HIV is not a crime, and HIV criminalization laws have been proven, time and again, not to work for the benefit of the community or in the service of justice,” — Dr. Kathleen A

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The reform marks a bipartisan effort to modernize Pennsylvania’s criminal code in line with contemporary medical knowledge and advocacy for LGBTQ+ rights.

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