I don't know about in the United States, but in Canada, it can be. It all depends on the definitions of certain key things that are used if a claim comes forward. Potentially, you can be charged with aggravated sexual assault for not disclosing your status. What's worse is that I am living proof that you can disclose your status very clearly, and still go to jail anyway. It's scary, really.

In my case, we opened the door to make this a grey area, as one of the things we had to define was what makes it criminal. It was ruled that in order to constitute a crime, there must be a realistic possibility of infection. Now, with U=U, you would think that this would mean you don't, however depending on the mood and view of the police and crown attorney (DA in the US), they will still try for aggravated sexual assault anyway.

I can tell you from experience that if this happens, you are presumed to be guilty until proven innocent, and then, even when you've been proven innocent, you're still guilty and go to jail anyway. It is both sad and scary.

@A myHIVteam Member You must have some reservations if you asked this question. I ask you, "What if the casual sex partner has active HIV and decided not to disclose to you?" Even if you are undetectable using a condom, there remains the risk of you becoming reinfected. How would this make you feel? Betrayed? Violated? Knowing this is mainly how the disease is spread despite our best efforts at protecting ourselves, can you say the same for any casual sexual partners? Are they truly 100% up front with you? Is it really worth the few seconds that can change a lifetime? Be aware and smart for your own sake. One-night stands are so cliche and old.

Mentioned Users

A myHIVte...

Conscientiously, this question brings up something that is concerning and has legal implications.
If it will help the person deal with the emotions of not disclosing, then the person should disclose and be prepared for the consequences. The person might get lucky if the person told says "Oh me too!" I didn't know how to bring it up" Ideally.

In the case of employment I would absolutely not disclose my status.

I understand... It took me a while but I just felt that when I really met someone I liked. I needed to tell them because they were going to find out anyway.