New York HIV Transmission Law...Married Couples?

Question

Does the law for criminalized HIV transmission apply to married couples where the negative partner is aware of the positive partner's status, and all health precautions have been taken?

We're getting married in Massachusetts, be we're residents of New York. Does that change anything?

Answer 1

In the US, criminal codes pertaining to HIV transmission only pertain to cases where the positive partner is aware of his/her HIV infection and neglects to inform his/her partner. If s/he transmits HIV to that partner under those conditions, then s/he may be prosecuted for assault, attempted murder, etc (depending on the jurisdiction).

So if a serodiscordant couple marries in NY, and both partners are aware of each others' HIV status, then it is okay.