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Lawmakers, advocates celebrate removing last reference to AIDS in Pennsylvania criminal code

Lawmakers, advocates celebrate removing last reference to AIDS in Pennsylvania criminal code

Advocates and lawmakers held a press conference in Philadelphia on Thursday, July 16.

Pat Loeb/KYW Newsradio.

PHILADELPHIA (KYW Newsradio) — Advocates and state legislators celebrated on Thursday the removal of the last reference to AIDS in the Pennsylvania criminal code.

“Today we are celebrating a historic step forward in Pennsylvania,” said State Rep. Ben Waxman, one of the many lawmakers who have pushed for years to get the change.


There used to be a lot of additional penalties for people with AIDS in the criminal code. It was a requirement for states seeking federal funds for AIDS treatment and research, imposed in the 90’s as a means to reduce transmission.

Rhonda Goldfein of the AIDS Law Project said it was misguided.

“Criminal penalties for living with HIV has never served an effective law enforcement purpose. No credible research has ever linked penalties with a reduction in HIV transmission,” she said.

Goldfein said over the years, most of the enhanced penalties were eliminated, except one that elevated sex work to a felony if any party involved had HIV. This week, the State House passed an overhaul of Pennsylvania’s prostitution statutes that eliminated the provision.

Representative Malcolm Kenyatta noted it passed with nearly unanimous support in both chambers.

“This should be proof positive to everybody, change is possible here in the Commonwealth of Pennsylvania,” he said.