ProPublica

Journalism in the Public Interest

Cancel

About the HIV Criminalization Data

This data set was compiled by ProPublica as part of a yearlong project investigating state criminal statutes that penalize not disclosing one’s HIV-positive status prior to sex or exposing another to HIV. It was compiled using raw data from public county records and state databases.

Some personally identifiable information (e.g., names) has been omitted from this data. Some values — such as case numbers, the original data sources’ proprietary identifiers, offense dates, birth dates and jurisdictional information — have been included to help users locate individual cases.

What follows is a dictionary of the data set we’re releasing with the story, which should help researchers and journalists use the material in their own work.

Record Layout

The record layout describes the structure of ProPublica’s data set, including each data element, position, field name and type.

PRIMARY_KEY

A globally unique identifier to distinguish individual cases.

DAT_SRC

The original raw data source.

STATE

The state in which the case originated.  

COUNTY

The county in which the case originated. 

JUD_DIST

The judicial district in which the case originated. 

ARRST_AGNCY

The agency responsible for the arrest. 

REPORT_NO

The number assigned by the arresting agency to uniquely identify the incident or investigation. 

CASE_NO

The docket number assigned by the court to identify the case in their files.  

OFF_DATE

The date the offense occurred.

FILE_DATE

The date the prosecutor filed charges with the county court.

YEAR

The year of the offense or the year the case was filed, whichever is earlier.

OFF_CHAP

The statute corresponding to the offense or charge. The first subfield indicates the name of the state code. The second subfield indicates the chapter number. 

OFF_SEC

When combined with OFF_CHAP, the section within the chapter that corresponds to the offense or charge.  

OFF_SUBSEC

When combined with OFF_CHAP and OFF_SEC, the subsection within the chapter and section that correspond to the offense or charge.  

OFF_CODE

The internal code used by the raw data source to identify the charge or offense. 

OFF_DESC

A brief synopsis of the charge or offense. 

EXP_METHOD

The alleged method of HIV exposure.

Codes:

P1 = Parenteral: Blood, organ, tissue, or semen donation

P2 = Parenteral: Needle-sharing during injection drug use

P3 = Parenteral: Unknown

S1 = Sexual: Sexual or ‘intimate’ contact

S2 = Sexual: Sexual assault

S3 = Sexual: Prostitution or soliciting a prostitute

O1 = Other: Biting, spitting, or throwing bodily fluids

O2 = Other: Biting, spitting, or throwing bodily fluids on a law enforcement officer

DISP_TYPE

The case’s final disposition.

Codes:

C1 = Conviction by guilty plea/nolo contendere

C2 = Conviction by bench trial

C3 = Conviction by jury trial

C4 = Conviction by unknown

A1 = Acquittal by bench trial

A2 = Acquittal by jury trial

A3 = Acquittal by unknown

D1 = Dismissal by court

D2 = Dismissal by jury trial

D3 = Dismissal by prosecutor/nolle prosequi

D4 = Dismissal by unknown

P1 = Pending 

DISP_DATE

The date a charge was terminated by judgment of conviction, acquittal, or dismissal.

SENT_LEN

The length of sentence imposed

Examples:                              

0010000 = “1 Year”

0000600 = “6 Months”

0000015 = “15 Days”

0010615 = “1 Year, 6 Months, 15 Days”

DEF_ID

The internal unique identifier assigned to the defendant or offender by the raw data source.

Values containing the “PP” were assigned by ProPublica to identify unique defendants when the data source did not assign an ID. 

DEF_SEX

The sex of the defendant.

DEF_RACE

The race of the defendant.

Codes:

AM = American Indian or Alaska Native

AS = Asian

BL = Black or African American

PI = Native Hawaiian or Other Pacific Islander

WH = White

DEF_ETHNICITY

Whether the defendant is of Hispanic or Latino origin.

Codes:

H = Hispanic or Latino origin

N = Not of Hispanic or Latino origin

DEF_DOB

The defendant’s date of birth.

If the exact date of birth is unknown, the month and day subfields should contain zeroes and the value of the year subfield should contain the year of birth. 

VIC_SEX

The sex of the victim.

VIC_RACE

The race of the victim.

Codes:

AM = American Indian or Alaska Native

AS = Asian

BL = Black or African American

PI = Native Hawaiian or Other Pacific Islander

WH = White 

VIC_ETHNICITY

Whether the victim is of Hispanic or Latino origin.

Codes:

H = Hispanic or Latino origin

N = Not of Hispanic or Latino origin 

VIC DOB

The victim’s date of birth.

If the exact date of birth is unknown, the month and day subfields should contain zeroes and the value of the year subfield should contain the year of birth. 

VIC_HIV

Whether the victim was later confirmed as HIV-positive.

P = Victim was confirmed as HIV-positive

N = Victim was confirmed as HIV-negative 

Data Sources

Following is the list of raw data sources to be reported in DAT_SRC.

ARKANSAS DEPARTMENT OF CORRECTIONS

ProPublica wrote software to scrape the Arkansas Department of Correction’s online inmate database for sexual offenses to identify offenders whose offenses included:

20-15-903     “Exposing one to HIV Virus.”

This data set was compiled by ProPublica between October 23, 2013 and November 21, 2013 using the inmate database located at:

http://adc.arkansas.gov/inmate_info/index.php

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

ProPublica obtained a data set compiled by the California Department of Corrections and Rehabilitation of all offenders in prison or on parole whose offenses included Cal. Health and Safety Code §§

120291 “Unprotected sexual activity by one who knows self to be infected by HIV”; or

1621.5            “Knowing donation by person with AIDS or person who has tested reactive to HIV”

This data set was provided to ProPublica on January 30, 2013 by:

Jeffrey Callison
Press Secretary
Office of Public and Employee Communications
California Department of Corrections and Rehabilitation
1515 S Street, Ste. 502 South
Sacramento, CA 95814
(916) 445-4950
jeffrey.callison@cdcr.ca.gov

FLORIDA DEPARTMENT OF CORRECTIONS

ProPublica analyzed the Florida Department of Corrections’ Offender Based Information System database to identify cases in which offenses included:

8742               “CRIM. TRANSMISSION OF HIV”;

8743               “HIV-POSITIVE HAS SEX”; or

8744               “HIV-POS.HAS SEX 2+ VIOLATIONS”

The data set was downloaded by ProPublica on Jan. 31, 2013 from:

http://www.dc.state.fl.us/pub/obis_request.html

FLORIDA OFFICE OF THE STATE COURTS ADMINISTRATOR

ProPublica obtained a data set compiled by the Florida Office of the State Courts Administrator of all criminal charges, excluding expunged or sealed records, filed between Dec. 31, 2002 and July 31, 2013 under Fla. Stat. Ann. §§

384.24(2)      “Sex while HIV-positive”;

384.34(5)      “Violation of 384.24(2)”;

775.0877       “Criminal transmission of HIV”; or

796.08            “Prostitution with knowledge of HIV positive status”

381.0041(11)(B)     “Blood, organ, plasma, skin, or tissue donation while HIV positive”

This data was based on information provided by the Florida clerks of court via Florida’s Offender Based Transaction System.  Counties not reporting via OBTS included Duval, Flagler, Nassau, Osceola, St. Lucie, and Seminole.

Data provided was extracted from a dynamic database and represented all data in system as of the date of the report. The Clerk of Court may amend this data at a later date.

More recent 2013 criminal transaction data should be considered preliminary. Cases evolve over time and may not have yet been reported as disposed.

The data set was provided to ProPublica on Nov. 5 and Nov. 21, 2013 by:

Stelios Manias
Court Operations Consultant
OSCA - Court Services
Supreme Court Building Annex
500 S. Duval Street
Tallahassee, FL 32301
(850) 617-0019
maniass@flcourts.org

GEORGIA BUREAU OF INVESTIGATION

ProPublica obtained a data set compiled by the Georgia Bureau of Investigation of all arrests made under O.C.G.A §§

16-5-60(c)     “reckless conduct – HIV infected person”; or

16-5-60(d)    “assault by HIV infected person upon police or correctional officer”

The data set was provided to ProPublica on March 13, 2013 by:

Neil Gerstenberger
Assistant Deputy Director
Georgia Bureau of Investigation
3121 Panthersville Road
Decatur, GA 30034
(404) 270-8632
neil.gerstenberger@gbi.ga.gov

GEORGIA DEPARTMENT OF CORRECTIONS

ProPublica analyzed the Georgia Department of Corrections’ offender database to identify cases in which offenses included O.C.G.A §§

16-41-7-1      “Carriers’ duty to warn persons at risk”;

35-42-2-6(e)“Battery by body waste” (felony);

The data set was provided to ProPublica on November 21, 2013 by:

Bryan S. Wilson
Assistant Counsel
Georgia Department of Corrections
Office of Legal Services
P.O. Box 1529
Forsyth, GA 31029
(478) 992-5240
wilsob06@dcor.state.ga.us

IOWA JUDICIAL BRANCH

ProPublica obtained a data set compiled by the Iowa Department of Human Rights’ Division of Criminal and Juvenile Justice Planning of all criminal charges filed under:

Iowa Code § 709C.1  “Criminal Transmission of HIV”

The data set was provided to ProPublica on December 12, 2012 by:

Laura Roeder-Grubb
Division of Criminal and Juvenile Justice Planning
Iowa Department of Human Rights
321 E. 12th Street, 2nd Fl.
Lucas State Office Building
Des Moines, IA  50319
(515) 242-5042
laura.roeder-grubb@iowa.gov

INDIANA DEPARTMENT OF CORRECTIONS

ProPublica analyzed the Indiana Department of Correction’s offender database to identify cases in which offenses included Ind. Code §§

16-41-7-1      “Carriers’ duty to warn persons at risk”;

35-42-2-6(e)“Battery by body waste” (felony);

32-42-2-6(f)“Battery by body waste” (misdemeanor);

35-45-16-2(a) & (b)            “Malicious mischief”;

35-45-16-2(d)                      “Malicious mischief”;

16-41-14-17“Donation, sale, or transfer of HIV infected semen”; or

35-42-1-7      “Transferring contaminated body fluids”

The data set was provided to ProPublica on November 1, 2013 by:

Sarah Schelle
Research Analyst
Indiana Department of Correction
302 W. Washington Street, Rm. E334
Indianapolis, IN 46204
(317) 233-4764
sschelle@idoc.in.gov

KENTUCKY DEPARTMENT OF CORRECTIONS

ProPublica searched Kentucky’s Department of Corrections online inmate database to identify offenders whose offenses included:

311.990         “Donating organs/skin/tissue while infected with HIV”

529.090(3)    “Prostitution while infected (H.I.V.)”

529.090(4)    “Prostitution , procuring while infected (H.I.V.)”

This data set was compiled by ProPublica on October 23, 2013 using the inmate database located at:

http://kool.corrections.ky.gov

MICHIGAN STATE POLICE

ProPublica obtained a data set compiled by the Michigan State Police’s Criminal Justice Information Center of all criminal charges filed under:

MCL § 333.5210       “Sexual penetration as felony”

The data set was provided to ProPublica on November 13, 2013 by:

Pietro Semifero
Acting Manager, Criminal History Section
Criminal Justice Information Center
Michigan State Police
P.O. Box 30634
Lansing, MI  48909
(517) 241-0829
semiferop@michigan.gov

MISSISSIPPI DEPARTMENT OF CORRECTIONS

ProPublica analyzed the Mississippi Department of Corrections’ offender database to identify cases in which offenses included:

5537               “Causing Exposure to HIV”

The data set was provided to ProPublica on November 19, 2013 by:

Jerry A. Horton
Network Manager
Mississippi Department of Corrections
723 North President Street
Jackson, MS 39202
(601) 359-5641
jerry.horton@mdoc.state.ms.us

MISSOURI JUDICIARY

ProPublica obtained a data set compiled by the Missouri Judiciary’s Office of State Courts Administrator of all criminal charges filed under:

RSMo. § 191.677

The data set was provided to ProPublica on February 6, 2013 by:

Anne Dannerbeck Janku
Research Manager, Court Business Services
Office of State Courts Administrator
Missouri Judiciary
2112 Industrial Drive
P.O. Box 104480
Jefferson City, MO 65110
(573) 751-4377
anne.janku@courts.mo.gov

NEBRASKA SUPREME COURT

ProPublica obtained a data set compiled by the Nebraska Supreme Court’s Administrative Office of the Courts of all criminal charges filed under Neb. Rev. Stat. §

28-934(3)     “Assault with a bodily fluid against a public safety officer while positive for HIV, hepatitis B, or hepatitis C”

The data set was provided to ProPublica on November 14, 2012 by:

William M. Miller
Deputy State Court Administrator
State Court Administrator’s Office
Nebraska Supreme Court
1445 K Street, 12th Fl.
Lincoln, NE 68508
(402) 471-3049
william.miller@nebraska.gov

NEW JERSEY DEPARTMENT OF CORRECTIONS

ProPublica analyzed the New Jersey Department of Corrections’ offender database to identify cases in which offenses:

2C:34-5          “DISEASED PRSN COMMITTNG SEXUAL PENETRATN”

The data set was provided to ProPublica on November 22, 2013 by:

John Falvey
Records Custodian
New Jersey Department of Corrections
Whittlesey Road
P.O. Box 863
Trenton, NJ 08625
(609) 292-9241
john.falvey@doc.state.nj.us

OHIO DEPT. OF REHABILITATION AND CORRECTION

ProPublica analyzed the Ohio Department of Rehabilitation and Correction’s offender database to identify cases in which offenses included Ohio Rev. Code §§

2903.11(B)(1)          “Felonious Assault - sexual conduct without disclosing knowledge of HIV”;

2903.11(B)(2)          “Felonious Assault - victim lacks mental capacity of significance of HIV”;

2903.11(B)(3)          “Felonious Assault - not disclosing knowledge of HIV, victim under 18 years of age”;

2907.24(B)    “Soliciting - knowledge person tested positive for HIV”;

2907.241(B)“Loitering to Engage in Solicitation - knowledge person tested positive for HIV”;

2907.25(B)    “Prostitution after positive HIV test”;

2921.38(C)    “Harassment by Inmate - knowingly carries virus that causes AIDS, hepatitis virus, or infected with tuberculosis and causes or attempts to cause other person to come in contact with bodily substances”; or

2927.13         “Selling or Donating Contaminated Blood (AIDS)”

The data set was provided to ProPublica on November 19, 2013 by:

Michelle Matheron
Data Administration Manager
Bureau of Information and Technology Services
Ohio Department of Rehabilitation and Correction
770 West Broad Street
Columbus, OH 43223
(614) 752-13066
michelle.matheron@odrc.state.oh

OHIO DEPARTMENT OF PUBLIC SAFETY

ProPublica obtained a data set compiled by the Ohio Department of Public Safety’s Office of Criminal Justice Services of all criminal incidents in which offenses included Ohio Rev. Code §§

2903.11(B)(1)          “Felonious Assault - sexual conduct without disclosing knowledge of HIV”;

2903.11(B)(2)          “Felonious Assault - victim lacks mental capacity of significance of HIV”;

2903.11(B)(3)          “Felonious Assault - not disclosing knowledge of HIV, victim under 18 years of age”;

2907.24(B)    “Soliciting - knowledge person tested positive for HIV”;

2907.241(B)“Loitering to Engage in Solicitation - knowledge person tested positive for HIV”;

2907.25(B)    “Prostitution after positive HIV test”;

2921.38(C)    “Harassment by Inmate - knowingly carries virus that causes AIDS, hepatitis virus, or infected with tuberculosis and causes or attempts to cause other person to come in contact with bodily substances”; or

2927.13         “Selling or Donating Contaminated Blood (AIDS)”

The data set was provided to ProPublica on November 6, 2013 by:

Kristen Castle
Public Information Officer
Ohio Department of Public Safety
1970 W. Broad Street
Columbus, OH 43223
(614) 728-4623
kcastle@dps.state.oh.us

OKLAHOMA DEPARTMENT OF CORRECTIONS

ProPublica analyzed the Oklahoma Department of Corrections’ offender database to identify cases in which offenses included 21 Okl. St. Ann. §§

192.1              “Exposing others to AIDS”; or

1031.B            “Knowingly engaging in prostitution while infected with HIV”

The data set was provided to ProPublica on November 15, 2013 by:

Jean-Marc Hache
Information Technology Administrator
Oklahoma Department of Corrections
3400 Martin Luther King Ave.
Oklahoma City, OK 73111
(405) 425-2547
jean-marc.hache@doc.state.ok.us

SOUTH CAROLINA JUDICIAL DEPARTMENT

ProPublica obtained a data set compiled by the South Carolina Judicial Department’s Office of Court Administration identifying all charges filed under offense code:

1561               “HIV/Exposing another to HIV virus”

The data set was provided to ProPublica on November 14, 2012 by:

Sakoya R. Bryant
Court Representative
South Carolina Court Administration
1015 Sumter Street
Columbia, SC 29201
(803) 734-1817
sbryant@sccourts.org

TENNESSEE BUREAU OF INVESTIGATION

ProPublica analyzed Tennessee’s state’s sex offender registry to identify cases in which offenses included violations of Tenn. Code Ann. §

39-13-109     “Criminal exposure to HIV, HBV, HCV”

The data set was provided to ProPublica on January 24, 2013 by:

Kristin Helm
Public Information Officer
Administration Division
Tennessee Bureau of Investigation
901 R.S. Gass Blvd.
Nashville, TN  37216
(615) 744-4087
kristin.helm@tn.gov

THE SERO PROJECT

ProPublica analyzed a set of public records obtained by the Sero Project, a nonprofit HIV advocacy group. The Sero Project submitted these requests to individual county prosecutors’ offices in states with HIV-specific criminal laws. In some instances, prosecutors provided an aggregate tally of HIV-related cases filed in their counties. Quality of responses was often limited by prosecutors’ case management systems. Many prosecutors responded that they did not track, or could not identify, cases by individual statute or offense.

When key information was missing from the Sero Project’s records, ProPublica followed up with prosecutors’ offices to collect additional data. For 131 cases (in 28 counties), ProPublica’s requests for follow-up data were not answered.

This data set was provided to ProPublica on November 10, 2012 by:

Sean Strub
Executive Director
The Sero Project
P.O. Box 1233
Milford, PA 18337
(646) 642-4915
sean.strub@seroproject.com

OTHER

ProPublica independently identified supplemental cases using local news reports and searches of legal databases (e.g., LexisNexis). ProPublica verified these cases using public law enforcement records and databases. Values for these sources in the DAT_SRC field are denoted with the prefix “OTHER”: 

Athens-Clarke County Police Department (GA)
Dougherty County Schools Police Department (GA)
Second District Court of Appeals (CA)
Calhoun County Health Department (MI)
Cleveland Metroparks Police Department (OH)
Cook County Sheriff’s Office (IL)
Missouri Case.net (courts.mo.gov) (MO)
Grand Traverse County Health Department (MI)
Indiana State Department of Health (IN)
Iowa Courts Online Search (iowacourts.gov)
Nebraska State Patrol (NE)
Shelby County Clerk (jssi.shelbycountytn.gov) (TN)
St. Louis Metro Police Department (MO)

Get Updates

Stay on top of what we’re working on by subscribing to our email digest.

optional