Enforcement of HIV Criminalization in Ohio: Analysis of criminal incidents from 2000-2022

This report provides an up-to-date look at the enforcement of HIV criminal laws in Ohio. The Williams Institute analyzed data from Ohio’s Incident-Based Reporting System (OIBRS) about HIV-related criminal incidents between 2000 and 2022. We also analyzed data on HIV-related criminal court cases between 2009 and 2022 from the Cuyahoga County courts system collected by that county’s Board of Public Health. Ohio has six laws that criminalize the conduct of people living with HIV (PLWH), including having sex without disclosing one’s HIV status, exposing others to bodily fluids more generally, engaging in sex work, and donating blood. Our analysis revealed that there have been at least 530 allegations of HIV-related criminal offenses across 447 separate incidents between 2000 and 2022 in Ohio. None of these incidents required actual transmission, the intent to transmit, or even conduct likely to transmit HIV in order to sustain a conviction. The findings presented in this report corroborate those from a recent study by staff at the Equality Ohio Education Fund and the Ohio Health Modernization Movement.1 Taken as a whole, the two reports find that from 2000 to the present, there have been hundreds of arrests and prosecutions for HIV-related crimes in Ohio. Together, they show a pattern of widespread and continued enforcement of HIV crimes. Enforcement is primarily concentrated in just a handful of counties across the state and disproportionately affects Black people and women in Ohio.