| 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 |
