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In late December 2018, Michigan joined the growing list of U.S. states that in recent years have softened outdated and punitive laws criminalizing people for having sex without disclosing their HIV status. Prior to Michigan’s change, if a person knew they were HIV positive and did not tell their sexual partner so before “sexual penetration” occurred, they could be charged with a felony carrying up to four years in prison. “Sexual penetration” was defined as including any entry, “however slight,” into the vagina, anus, or mouth. Prosecutors did not need to prove that HIV transmission occurred or, in fact, that it even could have occurred given the act in question. (For example, there is almost zero evidence that oral sex can transmit HIV.)
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