By Nathan Cisneros,  Brad Sears,  Moriah L. Macklin

   The Williams Institute analyzed data from the state of Mississippi about individuals arrested for an allegation of an HIV-related offense under Section 92-27-14 of the Mississippi Criminal Code. The data were obtained from the Mississippi Department of Public Safety. While previous comprehensive attempts to analyze the level of enforcement of Mississippi’s HIV criminal law identified approximately 15 people charged with an HIV-related crime in the state, our analysis revealed at least 43 people arrested between 2004 and 2021. Given the limited data available, we estimate this to be an absolute minimum number of people arrested for an HIV-related crime in the state. FINDINGS • In total, there were at least 47 arrests and at least 52 separate alleged HIV-related criminal offenses between 2004 and 2021. • In total, at least 43 people were arrested for an allegation of an HIV-related offense between 2004 and 2021. • Arrests for HIV-related offenses in Mississippi continue to the present, with the latest filing date in these records in 2021 and media reports of arrests continuing through 2023. In fact, half of all arrests in the data received from the state occurred during the five years between 2017 and 2021. • Enforcement of HIV-related crimes appears to be concentrated around the state’s capital and most populous city, Jackson, and near the Gulf Coast. Almost 40% of arrests were from three counties: Harrison (15%), Hinds (13%), and Lamar (11%). • The youngest person arrested was 20 years old at time of arrest, and the oldest person was 60 years old. The median age at arrest was 34 years old. • Almost three-fourths of people arrested for an HIV-related offense in Mississippi were men. Men were 49% of the state’s population in 2021 but 71% of people living with HIV (PLWH) and 72% of HIV-related arrests. { { { In all, 28% of those arrested for HIV offenses in the state were women. As with that observed in other states’ record-keeping practices, the Mississippi data do not indicate if the person arrested was cisgender, transgender, or gender non-binary. • Most people arrested for an HIV-related offense in Mississippi were Black. Black Mississippians were 37% of the state’s population in 2021 and 73% of PLWH but 63% of all HIV-related arrests. In contrast, white Mississippians were 56% of the state’s population, 19% of PLWH, and 37% of HIV-related arrests. { In a pattern observed with many other states’ records, no one in the data was reported to be Hispanic/Latino or of any other racial group. • Looking at the interaction of race and sex, Black men comprised nearly half (47%) of all HIV related arrests. Black men were also 50% of PLWH in the state, even though they accounted for only 18% of the state’s population overall. { White women were over-represented in arrests at 12%. Although they are 28% of the state’s population, they are only 4% of PLWH.  

Los Angeles: The Williams Institute, UCLA School of Law, 2024. 19p.