Black Americans living with HIV confront a devastating convergence of two epidemics: the HIV crisis and over-policing that dramatically increases their risk of criminal prosecution simply for having the virus.
New research from UCLA’s Williams Institute reveals that Black Americans represent 12 percent of the U.S. population but account for 38 percent of new HIV diagnoses and 39 percent of people living with HIV in 2023. Black women face particularly stark disparities, with HIV diagnosis rates approximately 11 times higher than white women.
These health inequities intersect with systemic racism in law enforcement. Black drivers are 20 to 30 percent more likely to be stopped than white drivers, and Black people face nearly three times the arrest rate of white people after traffic stops. Prison incarceration rates for Black Americans are nearly five times higher than for white Americans.
Thirty-two states maintain HIV criminalization laws that make otherwise legal conduct illegal based on HIV status. Analysis of enforcement data from 16 states shows Black Americans were arrested for HIV-related allegations at rates exceeding their share of both the general population and people living with HIV in 64 percent of states examined.
In California, Black people represented six percent of the state population and 18 percent of people living with HIV, but 39 percent of HIV-related arrests. In Maryland, Black people comprised 30 percent of the population but 82 percent of HIV-related arrests.
Black Americans were convicted at disproportionate rates in all 16 states analyzed and faced higher rates of sex offender registration for HIV-related convictions in every state with available data.
See: “HIV Criminalization and Black Americans” (February 1, 2026)
