TY - JOUR AU - Delavande,Adeline AU - Goldman,Dana AU - Sood,Neeraj TI - Criminal Prosecution and HIV-related Risky Behavior JF - National Bureau of Economic Research Working Paper Series VL - No. 12903 PY - 2007 Y2 - February 2007 UR - http://www.nber.org/papers/w12903 L1 - http://www.nber.org/papers/w12903.pdf N1 - Author contact info: Adeline Delavande University of Essex E-Mail: a-delavande@fe.unl.pt Dana Goldman Schaeffer Center for Health Policy and Economics University of Southern California 3335 S. Figueroa St, Unit A Los Angeles, CA 90089-7273 Tel: (213) 821-7948 Fax: (213) 740-3460 E-Mail: dana.goldman@usc.edu Neeraj Sood Department of Clinical Pharmacy USC School of Pharmacy 1985 Zonal Avenue Los Angeles, CA 90033 Tel: 310/393-0411 Fax: 310/260-8156 E-Mail: nsood@usc.edu AB - We evaluate the consequences of prosecuting HIV+ people who expose others to the risk of infection. We show that the effect of aggressive prosecutions on the spread of HIV is a priori ambiguous. Aggressive prosecutions tax risky behavior and thus deter unsafe sex and limit the number of sexual partners. However, such penalties might also create unique incentives for having sex with more promiscuous partners such as prostitutes and consequently increase the spread of HIV. We test these predictions using unique nationally representative data on the sexual activity and prosecutions of HIV+ persons. We find that more aggressive prosecutions are associated with a reduction in the number of sexual partners and increased likelihood of safe sex. However, they are also associated with increased likelihood of having sex with prostitutes and not disclosing HIV+ status. Overall, our estimates imply that doubling the prosecution rate could decrease the number of new HIV infections by 12% over a ten-year period. ER -