US Public Policy and News

 

STATE CRIMINAL STATUTES ON HIV TRANSMISSION

 
 
STATE CRIMINAL STATUTES ON HIV TRANSMISSION

Click here to download full file in EXCEL format

State Statute Type of Crime Summary
Alabama Ala. Code
§ 22-11A-21
Class C Misdemeanor Any person afflicted with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will probably or likely transmit such disease to another person is guilty of a class C misdemeanor.
Alaska N/A N/A N/A
Arizona N/A N/A N/A
Arkansas Ark. Code Ann.
§ 5-14-123
Class A Felony It is a class A felony for a person who knows that he or she has tested positive for HIV to expose another to HIV (1) through the transfer of blood or blood products or (2) by engaging in sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, without first having informed the other person of the presence of HIV. The emission of semen is not a required element of the crime.
Ark. Code Ann.
§ 20-15-903
Class A Misdemeanor A person who is HIV positive must, prior to receiving any health care services of a physician or dentist, advise such physician or dentist that the person has HIV. Failure to do so is a class A misdemeanor.
California Health and Safety Code
§ 120291
Felony Any person who exposes another to HIV by engaging in unprotected sexual activity (anal or vaginal intercourse without a condom) when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony. A person’s knowledge of his or her HIV-positive status, without additional evidence, is not sufficient to prove specific intent.
Health and Safety Code
§ 1621.5
Felony It is a felony for any person who knows that he or she has HIV or AIDS to donate blood, body organs or other tissue, semen, or breast milk to any medical center, breast milk bank or semen bank. Exempted: autologous donations.
Penal Code
§ 12022.85
Sentence enhancement Any person who commits a sexual offense with the knowledge that he or she is infected with HIV at the time of commission shall receive a three-year enhancement for each violation in addition to the sentence provided for the sexual offense itself. Sexual offenses included under this provision are rape, unlawful intercourse with a person under 18 years of age, and rape of a spouse. Sodomy and oral copulation are also included, but under California law these are punishable as sexual offenses only in narrow circumstances, such as when they are accompanied by intoxication, violence, the threat of violence, or when they involve a minor.
Colorado Colo. Rev. Stat.
§ 18-3-415.5
Sentence enhancement If it is proven beyond a reasonable doubt that a person had notice of his or her HIV infection prior to the date that he or she committed a sexual offense, the judge shall sentence said person to a mandatory term of incarceration of at least three times the upper limit of the presumptive range for the level of offense committed, up to the remainder of the person’s life. See also Colo Rev. Stat. § 16-13-804.
  Colo. Rev. Stat.
§ 18-7-205.7
Class 6 Felony Any person with knowledge of being infected with HIV who patronizes a prostitute is guilty of a class 6 felony. Patronizing a prostitute means engaging in an act of sexual intercourse or of deviate sexual conduct with a prostitute. This law does not apply to spouses. See Colo. Rev. Stat. 18-7-205.
  Colo. Rev. Stat.
§ 18-7-201.7
Class 5 Felony Any person who, in exchange for money or any other thing of value, performs or offers or agrees to perform any act of sexual intercourse, oral sex, masturbation or anal intercourse and does so having tested positive for HIV, is guilty of a class 5 felony.
Connecticut N/A N/A N/A
Delaware Del. Code Ann. tit. 16
§ 2801
Class E Felony For the purposes of (1) artificial insemination or (2) cornea, bone, organ or tissue tranplantation, transfusion or injection, no person may knowingly, recklessly or intentionally use the semen, corneas, bones, organs or other human tissue of a donor who has tested positive for exposure to HIV or any other identified causative agent of AIDS.
District of Columbia N/A N/A N/A
Florida Fla. Stat. Ann.
§ 384.24
N/A It is unlawful for any person who has HIV (or other STDs listed in the statute) , knowing of such infection and having been informed that he or she may communicate the disease to others through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of HIV (or the STD) and has consented to the sexual intercourse.
Fla. Stat. Ann.
§ 381.0041
Third Degree Felony Any person who has HIV, who knows he or she is infected and who has been informed that he or she may communicate the disease by donating blood, organs or human tissues who donates blood, organs or human tissue is guilty of a felony of the third degree.
Fla. Stat. Ann.
§ 381.0041
First Degree Misdemeanor Any person (i.e. health care worker) who fails to test the blood, plasma, organs, skin or other human tissue which is to be transfused or transplanted is guilty of a misdemeanor in the first degree.
Fla. Stat. Ann.
§ 796.08
Third Degree Felony A person who commits prostitution, offers to commit prostitution or, by engaging in sexual activity likely to transmit HIV, procures another for prostitution, and who tested positive for HIV before the crime and knew or had been informed of the test result and of the possibility of transmission to others through sexual activity commits criminal transmission of HIV.
Fla. Stat. Ann.
§ 775.0877
Third Degree Felony A person who pleads guilty or nolo contendere to or is convicted of one of the crimes listed in subsection (1) of this statute, who subsequently tests positive for HIV and is informed of that test result, and who then commits one of the crimes listed in subsection (1) again is guilty of criminal transmission of HIV, a felony of the third degree. This is punishable by any penalty provided by law for the subsection (1) offense committed; the court may also require an offender to serve a term of criminal quarantine community control. The offenses listed in subsection (1) include assault, battery, incest, child abuse, abuse of the elderly, sexual performance by minors, prostitution, and donation of contaminated blood.
Georgia Ga. Code Ann.
§ 16-5-60
Felony Any person who knows that he or she is HIV infected is guilty of a felony if he or she, without disclosing his or her HIV status, (1) has sexual intercourse, including oral sex, with another person (2) knowingly shares a hypodermic needle or syringe with another person, (3) offers or consents to perform an act of sexual intercourse for money, (4) solicits another to perform or submit to an act of sodomy for money, or (5) donates blood or body tissue.
  Ga. Code Ann.
§ 44-5-151
Misdemeanor Health care providers and others who work with donated human blood, body parts and tissues that may carry HIV are required to test the donor or the donated bodily materials for HIV, and, if the test is positive, to dispose of the materials or make them available for medical research, but not make them available for use in the body of another human being. Violation of this requirement is a misdemeanor.
Hawaii N/A N/A N/A
Idaho Idaho Code
§ 39-608
Felony Any person who exposes another in any manner with the intent to infect or, knowing that he or she has HIV or AIDS, transfers or attempts to transfer any of his or her body fluid, tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed 15 years, by a fine not in excess of $5000, or both. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of HIV transmission. It is also an affirmative defense that the transfer of body fluid, tissue or organs occurred after advice from a licensed physician that the accused was noninfectious.
Illinois 720 Ill. Comp. Stat
§ 5/12-16.2
Class 2 Felony A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV (1) engages in contact with another person involving the exposure of the body of one person to a bodily fluid of another in a manner that could result in HIV transmission (2) transfers, donates or provides his or her blood, tissue, semen, organs or other potentially infectious body fluids for administration to another person, or (3) in any way transfers to another any nonsterile IV or intramuscular drug paraphernalia. The actual transmission of HIV is not a required element of this crime. It is an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection, and consented with that knowledge.
20 Ill. Comp. Stat.
§ 2310 / 2310-325
Class A Misdemeanor In performing the technique of human artificial insemination, no person shall intentionally, knowingly, recklessly, or negligently use the semen of a donor who has not been tested for HIV or who has tested positive for HIV or any other identified causative agent of AIDS.
20 Ill. Comp. Stat.
§ 2310 / 2310-330
Class 4 Felony No person may intentionally, knowingly, recklessly, or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless these bodily materials have been tested for HIV. No person may intentionally, knowingly, recklessly, or negligently use any of these bodily materials if the donor has tested positive for HIV or other identified causative agents of AIDS. Violation of these prohibitions is a class 4 felony. There is an exception to the testing requirement when an attending physician deems that the life of a recipient of the human material would be jeopardized by delays caused by the HIV testing. “Human tissue” does not include whole blood or its component parts.
Indiana Ind. Code
§ 35-42-1-7
Class C Felony, Class A Felony A person who recklessly, knowingly, or intentionally donates, sells or transfers blood, a blood component, or semen for artificial insemination that contains HIV commits ‘transferring contaminated body fluids,’ a class C felony. However, the offense is a class A felony if it results in the transmission of HIV to any person other than the defendant. These provisions do not apply to a person who, for reasons of privacy, donates blood to a blood center after the person has notified the blood center that the blood must be disposed of. Nor do the provisions apply to those that transfer HIV positive body fluids for research purposes.
Ind. Code
§ 35-42-6
Class D Felony, Class C Felony, Class A Felony A person who knowingly or intentionally in a rude, insolent, or angry manner places (or coerces another to place) blood or another body fluid or waste on a law enforcement or corrections officer identified as such and at that moment on duty commits battery by body waste, a class D Felony. The offense is a class C felony if the person knew or recklessly failed to know that the blood, fluid or body waste was infected with HIV. The offense is a class A felony if the person knew or recklessly failed to know that the blood, fluid or body waste was infected with HIV and the offense results in the transmission of HIV.
Ind. Code
§ 35-42-2-6
Class A Misdemeanor, Class D Felony, Class B Felony A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine or fecal waste on another person commits battery by body waste, a class A misdemeanor. The offense is a class D felony if the person knew recklessly failed to know that the blood, fluid or waste was infected with HIV. It is a class B felony if the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV and the offense results in the transmission of HIV.
Ind. Code
§ 35-45-16-2
Class B Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally places human blood, semen, urine or fecal waste in a location with the intent that another person will involuntarily touch it commits malicious mischief, a class B misdemeanor. The offense is a class D felony if the person knew or recklessly failed to know that the blood, urine, mor waste was infected with HIV. It is a class B felony if the person knew or recklessly failed to know that the waste was infected with HIV and the offense results in the transmission of HIV to the other person.
Ind. Code
§ § 35-45-16-2
Class A Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally places human blood, fluid, or fecal waste in a location with the intent that another person will ingest it commits malicious mischief with food, a class A misdemeanor. The offense is a class D felony if the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV. The offense is a class B felony if the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV and the offense results in the transmission of HIV to the other person.
Ind. Code Ann.
§ 16-41-12-13
Class A Misdemeanor A blood center shall perform a screening test on a donor’s blood and obtain the results before the blood is distributed for use. An employee who is responsible for conducting the screening test who knowingly or intentionally fails to do so commits a class A misdemeanor.
Iowa Iowa Code
§ 709C.1
Class B Felony A person commits criminal transmission of HIV if the person, knowing of his or her HIV positive status, engages in intimate contact with another person, provides blood or bodily fluids for administration to another person, or in any way transfers to another person any nonsterile intravenous or intramuscular drug paraphernalia previously used by the person infected with HIV. “Intimate contact” means the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV. Actual transmission of HIV is not a necessary element of this crime. It is an affirmative defense that the person exposed to HIV knew of the other person’s HIV positive status, knew that the action of exposure could result in transmission of HIV, and consented to the action of exposure with that knowledge.
Kansas Kans. Stat. Ann.
§ 65-6005
Class C Misdemeanor Any person violating, refusing or neglecting to obey any provision of the rules and regulations adopted by the Secretary of Health for the prevention and control of AIDS shall be guilty of a class C misdemeanor.
Kentucky Ky. Rev. Stat. Ann
§ 311.990
Class D Felony Any person infected with HIV, knowing that he is infected and having been informed that he may communicate the infection by donating human organs, skin or tissues, who donates organs, skin or other human tissue is guilty of a class D felony.
Ky. Rev. Stat. Ann.
§ 311.990
Class A Misdemeanor Any person who fails to test organs, skin or other human tissue which is to be transplanted is guilty of a class A misdemeanor.
Ky. Rev. Stat. Ann
§ 529.090
Class D Felony Any person who commits, offers, agrees to commit or procures another to commit prostitution by engaging in sexual activity in a manner likely to transmit HIV and who, prior to the commission of the crime, had tested positive for HIV and knew or had been informed that he had tested positive and that he could possibly communicate the disease to another through sexual activity is guilty of a class D felony.
Louisiana La. Rev. Stat. Ann.
§ 14:43.5
Not specified No person shall intentionally expose another to any AIDS virus through sexual contact or through any other means or contact without the knowing and lawful consent of the victim. Those who commit this crime shall be fined not more than $5000, imprisoned with or without hard labor for not more than 10 years, or both. If the victim is a police officer, the fine will be not more than $6000 and the imprisonment not more than 11 years.
La. Rev. Stat. Ann.
§ 40:1062:1
Not specified A health facility, agency, or physician which violates the provisions on testing donated semen for HIV shall be fined not more than $2000 and shall be liable for damages in a civil action.
Maine N/A N/A N/A
Maryland Md. Code. Ann., Health – General
§ 18-601.1
Misdemeanor A person with HIV who knowingly transfers or attempts to transfer the virus to another individual is guilty of a misdemeanor, punishable by a fine not exceeding $2,500 or imprisonment not exceeding 3 years, or both.
Massac-
husetts
N/A N/A N/A
Michigan Mich. Comp. Laws Ann.
§ 14.15 (5210)
Felony A person who knows that he or she has or has been diagnosed as having AIDS or who knows that he or she is HIV positive, and who engages in sexual penetration with another person without informing that person of his HIV positive status or AIDS condition, is guilty of a felony. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body. It is irrelevant for purposes of this offense whether semen has been emitted.
Minnesota N/A N/A N/A
Mississippi Miss. Code Ann. §§ 41-23-29 Misdemeanor The state board of health has to the power to isolate, quarantine or otherwise confine a person afflicted with an infectious STD. The board may create rules and regulations relevant to this power. Violation of those rules and regulations will be deemed a misdemeanor and is punishable by fine or imprisonment or both.
Miss. Code Ann. §§ 41-23-29 Misdemeanor Any person suspected of being afflicted with an infectious STD may be subject to physical examination and inspection by any representative of the state board of health. Failure or refusal to allow such inspection or examination is a misdemeanor.
Missouri Mo. Rev. Stat. § 191.677 (2002) Class B Felony, Class A Felony It is unlawful for a person knowingly infected with HIV to be (or attempt to be) a donor of blood, blood products, organs, sperm or tissue, except as deemed necessary for medical research. It is also unlawful for a person knowingly infected with HIV to act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person, in any of the following three manners: (1) through contact with blood, semen or vaginal secretions during oral, anal or vaginal sex, (2) by sharing needles, or (3) by biting another person or purposely doing anything else which causes the HIV infected person’s semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of another person. The use of a condom is not a defense. A violation of these provisions is a class B felony, unless the victim contracts HIV from the contact, in which case it is a class A felony.
Mo. Rev. Stat. § 567.020 Class B Felony Performing an act of prostitution, which is normally a class B misdemeanor, becomes a class B felony if the prostitute knew prior to performing the act of prostitution that he or she was infected with HIV. The use of a condom is not a defense.
Montana Mont. Code. Ann. § 50-16-1008 Misdemeanor A prospective donor of blood, tissue, or an organ must be tested for HIV before the donation takes place, unless the transplantation is necessary to save a patient’s life and there is not enough time to perform the HIV test. A knowing or purposeful violation of this provision is a misdemeanor punishable by a fine of up to $1,000 or imprisonment of up to 6 months, or both.
Mont. Code. Ann. §§ 50-18-112 and 50-18-113 Misdemeanor A person infected with an STD may not knowingly expose another person to infection. Violation of this provision is a misdemeanor.
Nebraska N/A N/A N/A
Nevada Nev. Rev. Stat. Ann. § 201.205 Class B Felony A person who has received notice that he or she is HIV positive and who intentionally, knowingly or willfully engages in conduct in a manner that is intended to or is likely to transmit the disease to another person is guilty of a category B felony. This is punishable by imprisonment for at least 2 years but not more than 10, or by a fine of not more than $10,000, or by both fine and imprisonment. It is a defense to this offense that the person subject to exposure to HIV knew that the defendant was HIV positive, knew the conduct could result in exposure to HIV, and consented to engage in that conduct.
Nev. Rev. Stat. Ann. § 441A.300 Not specified A person diagnosed with AIDS who fails to comply with a written order of a health authority, or who engages in behavior through which the disease may be spread to others, is subject to confinement by order of a court.
Nev. Rev. Stat. Ann. § 201.358 Class B Felony A person who works as a prostitute after testing positive for HIV and after receiving notice of that fact is guilty of a category B felony. Punishment is at least 2 years imprisonment but not more than 10, or a fine of not more than $10,000, or both fine and imprisonment.
New Hampshire N/A N/A N/A
New
Jersey
N.J. Stat. Ann. § 2C: 34–5 Crime of the Fourth Degree, Third Degree A person is guilty of a crime of the fourth degree if, knowing that he or she is infected with an STD, he or she commits an act of sexual penetration without the informed consent of the other person. The crime is of the third degree if the disease is HIV.
New
Mexico
N/A N/A N/A
New
York
N/A N/A N/A
North Carolina N/A N/A N/A
North Dakota N.D. Cent. Code § 12.1-20-17 Class A Felony A person who, knowing that he or she has HIV or AIDS or AIDS related symptoms, willfully transfers any of his or her body fluid to another person is guilty of a class A felony. It is an affirmative defense that, if the transfer was by sexual activity, the activity took place between consenting adults after full disclosure of the risk of the activity and with the use of an appropriate prophylactic device.
Ohio Ohio Rev. Code Ann. § 2903.11 Second Degree Felony, First Degree Felony No person, with knowledge that the person has tested positive for HIV, shall do any of the following: (1) Engage in sexual conduct with another person without disclosing his or her HIV positive status to the other person prior to engaging in the sexual conduct, (2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender is HIV positive, or (3) Engage in sexual conduct with a person under 18 who is not the spouse of the offender. Violation of this provision is felonious assault, a felony of the second degree. If the victim is a peace office and suffers serious physical harm as a result of the offense, it is a felony in the first degree.
Ohio Rev. Code Ann. § 2907.25 Third Degree Felony No person, with knowledge that the person has tested positive for HIV, shall engage in sexual activity for hire. Violation of this provision is a third degree felony.
Ohio Rev. Code Ann. § 2907.24 Third Degree Felony No person, with knowledge that the person has tested positive for HIV, shall solicit another person to engage in sexual activity for hire.
Ohio Rev. Code Ann. § 2907.241 Fifth Degree Felony A person who commits “loitering to engage in prostitution” commits a fifth degree felony if the person commits the offense with the knowledge that he or she has tested positive for HIV.
Ohio Rev. Code Ann. § 2921.38 Third Degree Felony No person who is confined in a detention facility, with knowledge that the person is HIV positive and with the intent to harass, annoy, threaten, or alarm another person, shall cause or attempt to cause the other person to come into contact with blood, semen, urine, feces, or another bodily substance. Violation of this provision is a third degree felony.
Ohio Rev. Code Ann. § 2927.13 Fourth Degree Felony No person, with knowledge that he or she is HIV positive, shall sell or donate his/her blood, plasma, or a product of his/her blood, if he or she knows or should know the blood, plasma, or product of his/her blood is being accepted for the purpose of transfusion to another individual.
Oklahoma Okla. Stat. tit. 21, § 1031 Felony Any person who engages in prostitution with knowledge that they are infected with HIV shall be guilty of a felony punishable by imprisonment for not more than five years.
Okla. Stat. tit. 21, § 1192.1 Felony It shall be unlawful for any person, knowing that he or she has AIDS or HIV and with intent to infect another, to engage in conduct reasonably likely to result in the transfer of the person’s own blood, semen or vaginal secretions into the bloodstream of another, or thorough the skin or other membranes of another person. It is a defense that the transmission was in utero, or that the other person consented to the transmission of the blood or fluid with knowledge of the HIV positive status.
Okla. Stat. tit. 63, § 1-519 Felony It is a felony for any person, after becoming infected with a venereal disease and before being pronounced cured by a physician in writing, to marry any other person or to expose any other person by the act of copulation or sexual intercourse to such venereal disease.
Oregon N/A N/A N/A
Pennsylvania Pa. Stat. Ann. tit. 18, §2703 Second Degree Felony A person who is confined in any jail, prison or correctional institution is guilty of a felony of the second degree if he, while so confined, intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know or should have known that such fluid or material was infected with a communicable disease, including HIV.
Pa. Stat. Ann. tit. 18, §2704 Felony If a person sentenced to death or life imprisonment intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know, or should have known that the fluid or material was infected with a communicable disease, including HIV, then the person is guilty of a crime, the penalty for which shall be the same as the penalty for murder of the second degree.
Pa. Stat. Ann. tit. 18, § 5902 Third Degree Felony It is a felony in the third degree for a person to engage in prostitution knowing he or she is HIV positive, to promote prostitution of one who is HIV positive, or for a person, knowing him or herself to be HIV positive, to patronize a prostitute.
Rhode Island R.I. Gen. Laws § 23-11-1 Not specified It shall be unlawful for anyone knowingly, while in the infectious condition with an STD, to expose another person to infection. Violation of this provision is punishable by a fine of not more than $100 or imprisonment for not more than 3 months.
South Carolina S.C. Code Ann. § 44-29-145 Felony It is unlawful for a person who knows that he is infected with HIV to: (1) knowingly engage in sexual intercourse (vaginal, anal, or oral) with another person without first informing that person of his HIV infection; (2) knowingly commit an act of prostitution with another person; (3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids; (4) forcibly engage in sexual intercourse (vaginal, anal or oral) without the consent of the other person, including one’s legal spouse; or (5) knowingly share with another person a hypodermic needle, syringe, or both, for the introduction or withdrawal of any substance into or from another person’s body without first informing that person that the needle or syringe has been used by someone infected with HIV. Violation of these provisions is a felony punishable by a fine of not more than $5000 or imprisonment for not more than 10 years.
S.C. Code Ann. § 24-13-470 Felony It is unlawful for an inmate, a detainee, a person in custody or a person under arrest to attempt to throw or to throw body fluids (including urine, blood, feces, vomit, saliva or semen) on an employee of a state or local correctional facility, on a state or local law enforcement officer, on a visitor of a correctional facility, or on any other person authorized to be present in a correctional facility in an official capacity. Upon conviction for violating this provision, the offender must be imprisoned not more than 15 years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. These provisions do not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV positive or has another disease that may be transmitted through body fluids.
S.C. Code Ann. § 44-29-60; S.C. Code Ann. § 44-29-140 Misdemeanor It is unlawful for anyone infected with an STD, including all venereal diseases, to knowingly expose another to infection. Violation of this provision is a misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 30 days.
South Dakota S.D. Codified Laws § 22-18-31; § 22-18-33; § 22-18-34 Class 3 Felony It is unlawful for any person, knowing himself or herself to be infected with HIV, to intentionally expose another person to infection by (1) engaging in sexual intercourse or other intimate physical contact with another person; (2) transferring, donating or providing blood, tissue, semen, organs or other potentially infectious body fluids or parts for administration to another person in any manner that presents a significant risk of HIV infection; (3) transferring in any way to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or by (4) causing blood or semen to some in contact with another person for the purpose of exposing that person to HIV infection. Violation of these provision is a class 3 felony. The actual transmission of HIV is not a required element of this offense. It is an affirmative defense to prosecution, if proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
S.D. Codified Laws § 34-23-1 Class 2 Misdemeanor It is a class 2 misdemeanor for anyone infected with syphilis, gonorrhea, or chancroid to expose another person to infection. This statute does not cover HIV.
Tennessee Tenn. Code Ann. § 39-13-109 Class C Felony It is unlawful for a person, knowing that such person if infected with HIV, to knowingly (1) engage in intimate contact with another; (2) transfer, donate or provide any potentially infectious body fluid or part for administration to another person in an way that presents a significant risk of HIV transmission; or (3) transfer in any way to another any nonsterile intravenous or intramuscular drug paraphernalia. For purposes of this statute, “intimate contact with another” means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV transmission. Violation of these provisions is a class C felony. It is an affirmative defense to prosecution under this section that, if proven by a preponderance of the evidence, the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge. The actual transmission of HIV is not a required element of this offense.
Tenn. Code Ann. § 39-13-516 Class C Felony A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity. Aggravated prostitution is a class C felony.
Tenn. Code Ann. § 68-10-107; § 68-10-11. Class C Misdemeanor It is a class C misdemeanor for any person infected with an STD to expose another person to such infection.
Texas N/A N/A N/A
Utah Utah Code Ann. § 76-10-1309 Third Degree Felony (enhanced penalty) A person who is convicted of prostitution, patronizing a prostitute, or sexual solicitation is guilty of a third degree felony if he or she: (1) is HIV positive, (2) has actual knowledge of his or her HIV positive status, and (3) has received written personal notice of the positive test result from a law enforcement agency.
Vermont Vt. Stat. Ann. tit. 18, § 1106 Not specified A person who has sexual intercourse while knowingly infected with gonorrhea or syphilis in a communicable stage shall be imprisoned not more than two years or fined not more than $500.00, or both. This statute does not include HIV or AIDS.
Virginia Va. Code Ann. § 18.2-67.4:1 Class 6 Felony Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, analingus or anal intercourse with the intent to transmit the infection to another person shall be guilty of a class 6 felony.
Va. Code Ann. § 32.1-289.2 Class 6 Felony Any person who, knowing that the donor is or was HIV positive, donates or sells, attempts to donate or sell, or consents to the donation or sale of blood or body parts is guilty of a class 6 felony. This provision only applies to those who have been instructed that such blood or body parts may transmit HIV infection. The provision does not apply to the donation of infected blood or body parts for use in research.
Washington Wash. Rev. Code Ann. § 9A.36.011 Class A Felony A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm, administers, exposes, or transmits to or causes to be taken by another, poison, HIV, or any other destructive or noxious substance.
Wash. Rev. Code Ann. § 70.24.140 Gross Misdemeanor Covers STDs other than HIV. It is unlawful for any person who has a sexually transmitted disease, except HIV infection, when such person knows he or she is infected with such a disease and when such person has been informed that he or she may communicate the disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmitted disease.
West Virginia N/A N/A N/A
Wisconsin Wis. Stat. § 969.322 Sentence enhancement Maximum term of imprisonment for serious sex crimes may be increased by up to 5 years if all of the following are true: (a) the offender has HIV, an STD, or has tested positive for HIV, (b) the offender knows that he or she has HIV or an STD, and (c) the victim of the serious sex crime was significantly exposed to HIV or STD by the acts constituting the serious sex crime.
Wyoming N/A N/A N/A

 
 
 
     
© Copyright 1996 - 2007 HIVdent.org. All Rights Reserved.