This is a highly controversial topic, even within Beyond AIDS. The organization recognizes that education and counseling succeed in modifying unsafe sexual and drug risk exposure by most infected persons, We also oppose certain inappropriate prosecutions that have occurred in some places. However, several Beyond AIDS Board members have encountered irresponsible persons who have recklessly or intentionally endangered others through unsafe activities, without even informing them. We therefore do not agree with the mantra "Take a test, risk arrest," used by those who want the actions of HIV-infected persons, however dangerous, to be totally immune to criminal liability.
An analogy offered by some Beyond AIDS members is that gun and automobile ownership and licensure are provided for by law, but that does not exempt the persons licensed from responsibility. If someone uses a gun for target practice or hunting, it is perfectly legal. But if a person shoots a gun at innocent people, or drives a car into a crowd, s/he will be appropriately prosecuted. Another analogy deals with sexual activity, irrespective of HIV or any STD. Consensual sex with a person of consent age is legal, but rape or sex with a minor is not.
Similarly, there is nothing criminal about being HIV positive. But endangering someone else's life through unsafe sex or needle-sharing, while having a high viral load (e.g., refusing to take medication), and without even informing the other person, is another matter.
What if condoms are used, or the infected person has an undetectable viral load, yet the partner is not informed in order to have the power to decline any small remaining risk? This issue will undoubtedly continue to be debated, and the perfect legal balance has not yet been defined.