All the above (and harsher) punishments are completely justified
I know that many jurisdictions have the punishments, and that charges have been brought in many jurisdictions, and that many feel that this is entirely appropriate and correct.
I just have to again say respectfully and gently, I don't agree with this.
Just to be clear: I do believe that HIV+ guys should take all precautions not to infect anyone by disclosing their status, using condoms, etc. I also believe that sex partners, even casual "one off" sex partners, should have the discussion about whether each is HIV+ or HIV- (or don't know), so that each can gauge the relative risks of the activities they engage in. But let's be serious, just because I think people should do that doesn't mean people, and I'm including myself, always do.
How in the world do we expect to move past the stigma that is unnecessarily associated with HIV if we criminalize non-disclosure of status and place the entire responsibility for the way the sexual activity happens on only one of the partners? Do we expect HIV+ guys to only have sex with other HIV+ guys? Or do we expect HIV+ guys to not have sex at all, to suddenly become celibate and jerk off at home alone? Do we think that HIV+ guys who became infected through unprotected sex are suddenly and immediately going to in all cases change their outlook on sex and start using condoms when they didn't before? In short, does all the responsibility for HIV prevention rest with those who are HIV+?
Do we expect HIV- guys to *never* have to ask about status but rather *expect* to be told all the time? This is absurd, it is the responsibility *of each party* is to either play safe or understand the consequences of not playing safe. If there is no discussion and the HIV+ guy doesn't disclose and the HIV- guy doesn't disclose, then maybe the HIV+ guy is (unreasonably) assuming the partner is + and the HIV- guy is (unreasonably) assuming the partner is - . Why then does that mean the HIV+ guy should go to jail after each sexual partner made the same, but converse, unreasonable assumption?
The only way to minimize HIV infection, in my opinion, is through education and serious, open discussion about HIV prevention and HIV risk. When saying nothing becomes a criminal offense we are not, in my opinion, talking seriously and openly about HIV issues but rather just looking to lay blame. But blaming the HIV+ people hasn't worked so far, and probably doesn't make HIV+ people feel that great either by the way.
Now - if we are talking about a person who is actively lying about their positive status, or actively glorifying their actions in going out to try to infect people, then yes we are getting towards a sociopath type who should be dealt with by the legal system. (But - what about a person who actively lies about their status by saying they are negative, but they really haven't been tested lately? If *they* infect someone are *they* supposed to be criminally liable? I just don't see this as a tenable, or helpful, position.)