State Criminal Statutes on HIV Transmission

	Articles/Fact Sheets = =20

"N/A" means that we did not find a state statute that = criminalizes=20 acts specifically due to alleged risk of transmitting HIV; = however, every=20 state has more generally applicable law(s) that could be used to = prosecute=20 someone who knowingly and intentionally exposes another to an = excessive=20 risk of harm. In addition to potential criminal liability, a = person who=20 transmits HIV to another person or puts another person at risk of = HIV=20 infection might face civil liability. This chart does not address = any=20 possible bases for civil liability.

Alabama

Ala. Code =A7 22-11A-21(c) Class C Misdemeanor Any person afflicted with an STD who knowingly transmits,=20 assumes the risk of transmitting, or does any act which will = probably or likely transmit such disease to another person = is guilty=20 of a class C misdemeanor. (HIV included among STDs, see Al. = Admin.=20 Code r. 420-4-1-.03.)

Alaska

Alaska Stat. =A7 12.55.155(c)(33) Sentence Enhancement The sentencing court may impose a sentence above the = presumptive=20 range if the offense was a felony sexual offense specified = in Alaska=20 Stat. =A7=A7 11.41.410-11.41.455 and the following factors = are proven in=20 accordance with this section: the defendant had been = previously=20 diagnosed as having or having tested positive for HIV, and = the=20 offense either (A) involved penetration, or (B) exposed the = victim=20 to a risk or a fear that the offense could result in the=20 transmission of HIV.

Arizona

N/A

Arkansas

Ark. Code Ann. =A7 5-14-123 Class A Felony It is a class A felony for a person who knows that he or = she has=20 tested positive for HIV to expose another to HIV (1) through = the=20 transfer of blood or blood products or (2) by engaging in = sexual=20 intercourse, cunnilingus, fellatio, anal intercourse, or any = other=20 intrusion, however slight, of any part of a person's body or = of any=20 object into the genital or anal openings of another person's = body,=20 without first having informed the other person of the = presence of=20 HIV. The emission of semen is not a required element of the=20 crime.

Ark. Code Ann. =A7 20-15-903 Class A Misdemeanor A person who is HIV positive must, prior to receiving any = health=20 care services of a physician or dentist, advise such = physician or=20 dentist that the person has HIV. Failure to do so is a class = A=20 misdemeanor.

California

Cal. Health and Safety Code =A7 120291 Felony Any person who exposes another to HIV by engaging in = unprotected=20 sexual activity (anal or vaginal intercourse without a = condom) when=20 the infected person knows at the time of the unprotected sex = that he=20 or she is infected with HIV, has not disclosed his or her=20 HIV-positive status, and acts with the specific intent to = infect the=20 other person with HIV, is guilty of a felony. A person's = knowledge=20 of his or her HIV-positive status, without additional = evidence, is=20 not sufficient to prove specific intent.

Cal. Health and Safety Code =A7 120290 Misdemeanor Any person afflicted with any contagious, infectious, or=20 communicable disease who willfully exposes him/herself to = another=20 person is guilty of a misdemeanor.

Cal. Health and Safety Code =A7 1621.5 Felony It is a felony for any person who knows that he or she has = HIV=20 to donate blood, body organs or other tissue, semen, or = breast milk=20 to any medical center, breast milk bank or semen bank. (Does = not=20 apply if person is mentally incompetent, donates blood for=20 autologous donation, or self-defers his or her own blood = under Cal.=20 Health & Safety Code =A7 1603.3(b).)

Cal. Penal Code =A7 12022.85 Sentence Enhancement Any person who commits a sexual offense listed in this = statute=20 with the knowledge that he or she is infected with HIV at = the time=20 of commission shall receive a three-year enhancement for = each=20 violation in addition to the sentence provided for the = sexual=20 offense itself.

Cal. Pen. Code =A7 647f Penalty Enhancement Any person who is charged with soliciting or engaging in=20 prostitution under Cal. Pen. Code =A7 647(b) shall be also = charged=20 with a previous conviction(s) and with having been informed = of=20 positive blood test result(s) if: (1) the prior = conviction(s) was=20 for violating Cal. Pen. Code =A7 647 or any other offense = listed in=20 Cal. Pen. Code =A7 1202.1(d); (2) the person was tested for = HIV in=20 connection with the prior conviction(s) with positive test = results;=20 and (3) the person was informed of that positive test = result(s). If=20 the previous conviction and informed test results are found = to be=20 true by the trier of fact or are admitted by the defendant, = the=20 defendant is guilty of a felony.

Colorado

Colo. Rev. Stat. =A7 18-3-415.5 Sentence Enhancement If it is proven beyond a reasonable doubt that a person = had=20 notice of his or her HIV infection prior to the date that he = or she=20 committed a sexual offense, the judge shall sentence the = person to a=20 mandatory term of incarceration of at least three times the = upper=20 limit of the presumptive range for the level of offense = committed,=20 up to the remainder of the person's life. ("Sexual offense" = refers=20 to sexual offenses consisting of sexual penetration as = defined in=20 Colo. Rev. Stat. =A7 18-3-401(6).) (See also Colo. Rev. = Stat. =A7=20 18-1.3-1004.)

Colo. Rev. Stat. =A7 18-7-205.7 Class 6 Felony Any person with knowledge of being infected with HIV who=20 patronizes a prostitute is guilty of a class 6 felony. = ("Patronizing=20 a prostitute" is defined in Colo. Rev. Stat. =A7 = 18-7-205.)

Colo. Rev. Stat. =A7 18-7-201.7 Class 5 Felony Any person who, in exchange for money or any other thing = of=20 value, performs or offers or agrees to perform, with any = person not=20 his/her spouse, any act of sexual intercourse, oral sex,=20 masturbation or anal intercourse and does so with knowledge = of=20 having tested positive for HIV, is guilty of a class 5 = felony.

Connecticut

N/A

Delaware

N/A

District = of=20 Columbia

N/A

Florida

Fla. Stat. Ann. =A7 384.24(2) Not Specified It is unlawful for any person who has HIV, with knowledge = of=20 such infection and having been informed that he or she may=20 communicate it to others through sexual intercourse, to have = sexual=20 intercourse with any other person, unless the other person = has been=20 informed of the presence of HIV and has consented to the = sexual=20 intercourse.

Fla. Stat. Ann. =A7 381.0041(11)(b) Third Degree Felony Any person who knows he or she has HIV and has been = informed=20 that by donating blood, organs or human tissues he or she = may=20 communicate HIV to another person and with this knowledge = donates=20 blood, organs, plasma, skin or human tissue is guilty of a = felony of=20 the third degree.

Fla. Stat. Ann. =A7 796.08(4) Third Degree Felony A person who commits prostitution, offers to commit = prostitution=20 or (by engaging in sexual activity likely to transmit HIV) = procures=20 another for prostitution, and who had previously tested = positive for=20 HIV and knew or had been informed of the test result and of = the=20 possibility of transmission to others through sexual = activity=20 commits criminal transmission of HIV.

Fla. Stat. Ann. =A7 775.0877 Third Degree Felony (punishable by any penalty provided by = law=20 for the subsection (1) offense committed; the court may also = require=20 an offender to serve a term of criminal quarantine community = control) A person who pleads guilty or nolo contendere to, or is=20 convicted of, committing or attempting to commit one of the = crimes=20 that is listed in subsection (1) of this statute and = involves the=20 transmission of bodily fluids from one person to another, = who=20 subsequently tested positive for HIV and was informed of = that test=20 result, and who then again commits one of the crimes listed = in=20 subsection (1) is guilty of criminal transmission of HIV, a = felony=20 of the third degree. The offenses listed in subsection (1) = include,=20 among others, sexual assault, incest, child abuse, indecent = assault=20 upon a minor child, sexual performance by a minor, and = donation of=20 contaminated blood.

Georgia

Ga. Code Ann. =A7 16-5-60(c) Felony (punishable by imprisonment for not more than 10=20 years) Any person who knows that he or she is HIV infected is = guilty of=20 a felony if he or she, without first disclosing his or her = HIV=20 status, (1) knowingly has sexual intercourse or performs or = submits=20 to any sexual act involving the sex organs of one person and = the=20 mouth or anus of another person; (2) knowingly shares a = hypodermic=20 needle or syringe with another person; (3) offers or = consents to=20 perform an act of sexual intercourse for money; (4) solicits = another=20 to perform or submit to an act of sodomy for money; or (5) = donates=20 blood, blood products, other body fluids, or any body organ = or body=20 part.

Ga. Code Ann. =A7 16-5-60(d) Felony (punishable by imprisonment for between 5 & 20=20 years) A person who knows he or she is HIV infected who commits = an=20 assault with the intent to transmit HIV, using his or her = body=20 fluids (blood, semen, or vaginal secretions), saliva, urine, = or=20 feces upon a peace or correctional officer while the officer = is=20 engaged in the performance of his or her official duties or = on=20 account of the officer's performance of his or her official = duties=20 is guilty of a felony.

Hawaii

N/A

Idaho

Idaho Code =A7 39-601 Not Specified It is unlawful for anyone infected with HIV to knowingly = expose=20 another person to HIV infection.

Idaho Code =A7 39-608 Felony (punishable by imprisonment in the state prison for = a=20 period not to exceed 15 years, by a fine not in excess of = $5000, or=20 both) Any person who exposes another in any manner with the = intent to=20 infect or, knowing that he or she has HIV, transfers or = attempts to=20 transfer any of his or her body fluid, tissue or organs to = another=20 person is guilty of a felony. It is an affirmative defense = that the=20 sexual activity took place between consenting adults after = full=20 disclosure by the accused of the risk of HIV transmission. = It is=20 also an affirmative defense that the transfer of body fluid, = tissue=20 or organs occurred after advice from a licensed physician = that the=20 accused was noninfectious. ("Body fluid" means semen, blood, = saliva,=20 vaginal secretion, breast milk, and urine. "Transfer" means = engaging=20 in sexual activity by genital-genital contact, oral-genital = contact,=20 anal-genital contact; or permitting the use of an = unsterilized=20 hypodermic syringe, needle, or similar device; or giving = blood,=20 semen, body tissue, or organs for purposes of transfer to = another=20 person.)

Illinois

720 Ill. Comp. Stat. =A7 5/12-16.2 Class 2 Felony A person who knows that he or she is infected with HIV = commits=20 criminal transmission of HIV if he or she (1) engages in = contact=20 with another person involving the exposure of the body of = one person=20 to a bodily fluid of another in a manner that could result = in HIV=20 transmission; (2) transfers, donates or provides his or her = blood,=20 tissue, semen, organs or other potentially infectious body = fluids=20 for administration (e.g., transfusion) to another person, or = (3) in=20 any way transfers to another any nonsterile IV or = intramuscular drug=20 paraphernalia. The actual transmission of HIV is not a = required=20 element of this crime. It is an affirmative defense that the = person=20 exposed knew the infected person was infected with HIV, knew = the=20 action could result in infection, and consented with that=20 knowledge.

Indiana

Ind. Code =A7 35-42-1-7 Class C Felony, Class A Felony A person who recklessly, knowingly, or intentionally = donates,=20 sells or transfers blood, a blood component, or semen for = artificial=20 insemination that contains HIV commits a class C felony, but = if it=20 results in the transmission of HIV it is a class A felony. = (Does not=20 apply to person who, for reasons of privacy, donates blood = to a=20 blood center after the person has notified the blood center = that the=20 blood must be disposed of or who transfers HIV positive body = fluids=20 for research purposes.)

Ind. Code =A7 35-42-6(e) Class D Felony, Class C Felony, Class A Felony A person who knowingly or intentionally in a rude, = insolent, or=20 angry manner places (or coerces another to place) blood or = another=20 body fluid or waste on a law enforcement or corrections = officer,=20 firefighter, or first responder (identified as such and = engaged in=20 performance of official duties) commits a class D Felony. If = the=20 person knew or recklessly failed to know that the blood, = bodily=20 fluid or waste was infected with HIV, it is a class C = felony. If the=20 person knew or recklessly failed to know that the blood, = bodily=20 fluid or waste was infected with HIV and the offense results = in=20 transmission of HIV, it is a class A felony.

Ind. Code =A7 35-42-2-6(f) Class A Misdemeanor, Class D Felony, Class B Felony A person who knowingly or intentionally in a rude, = insolent, or=20 angry manner places human blood, semen, urine or fecal waste = on=20 another person commits a class A misdemeanor. If the person = knew or=20 recklessly failed to know that the blood, semen, urine or = fecal=20 waste was infected with HIV, it is a class D felony. If the = person=20 knew or recklessly failed to know that the blood, semen, = urine or=20 fecal waste was infected with HIV and the offense results in = transmission of HIV, it is a class B felony.

Ind. Code =A7 35-45-16-2(a) & (b) Class B Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally = places=20 human blood, semen, urine or fecal waste in a location with = the=20 intent that another person will involuntarily touch it = commits=20 malicious mischief, a class B misdemeanor. If the person = knew or=20 recklessly failed to know that the blood, urine, or waste = was=20 infected with HIV, it is a class D felony. If the person = knew or=20 recklessly failed to know that the waste was infected with = HIV and=20 the offense results in the transmission of HIV to the other = person,=20 it is a class B felony.

Ind. Code =A7 35-45-16-2(d) Class A Misdemeanor, Class D Felony, Class B Felony A person who recklessly, knowingly, or intentionally = places=20 human blood, body fluid, or fecal waste in a location with = the=20 intent that another person will ingest it commits malicious = mischief=20 with food, a class A misdemeanor. If the person knew or = recklessly=20 failed to know that the blood, fluid or waste was infected = with HIV,=20 it is a class D felony. If the person knew or recklessly = failed to=20 know that the blood, fluid or waste was infected with HIV = and the=20 offense results in the transmission of HIV to the other = person, it=20 is a class B felony.

Ind. Code Ann. =A7=A7 16-41-7-1, 35-42-1-9 Class B Misdemeanor, Class D Felony Persons who know of their status as a carrier of HIV have = a duty=20 to warn -- or cause to be warned by a third party -- a = person at=20 risk of the following: both the carrier's disease status and = the=20 need to seek health care such as counseling and testing. A = "person=20 at risk" means past and present sexual or needle sharing = partners=20 who may have engaged in high risk activity with the carrier = of HIV;=20 or sexual or needle sharing partners before engaging in high = risk=20 activity with the carrier of HIV. "High risk activity" means = sexual=20 or needle sharing contact that has been demonstrated=20 epidemiologically to transmit HIV. A person who recklessly = violates=20 or fails to comply with this law commits a Class B = misdemeanor and a=20 person who knowingly or intentionally violates or fails to = comply=20 with this law commits a Class D felony.

Ind. Code =A7 16-41-14-17 Class C Felony, Class A Felony A person who, for the purpose of artificial insemination,=20 recklessly, knowingly, or intentionally donates, sells, or = transfers=20 semen that contains HIV antibodies commits a Class C felony. = The=20 offense is a Class A felony if the offense results in the=20 transmission of the virus to another person. (This does not = apply to=20 a person who transfers for research purposes semen that = contains HIV=20 antibodies.)

Iowa

Iowa Code =A7 709C.1 Class B Felony A person commits criminal transmission of HIV if the = person,=20 knowing of his or her HIV positive status: engages in = intimate=20 contact with another person; transfers, donates or provides = blood,=20 tissue, semen, organs, or other potentially infectious = bodily fluids=20 for administration (e.g., transfusion) to another person; or = in any=20 way transfers to another person any nonsterile intravenous = or=20 intramuscular drug paraphernalia previously used by the = person=20 infected with HIV. "Intimate contact" means the intentional = exposure=20 of the body of one person to a bodily fluid of another = person in a=20 manner that could result in the transmission of HIV. Actual=20 transmission of HIV is not a necessary element of this = crime. It is=20 an affirmative defense that the person exposed to HIV knew = of the=20 other person's HIV positive status, knew that the action of = exposure=20 could result in transmission of HIV, and consented to the = action of=20 exposure with that knowledge.

Kansas

Kan. Stat. Ann. =A7 21-3435 Severity Level 7 Person Felony It is unlawful for a person who knows he or she is = infected with=20 a life threatening communicable disease knowingly to engage = in=20 sexual intercourse or sodomy with another individual, to = sell or=20 donate one's own blood, blood products, semen, tissue, = organs or=20 other body fluids, or to share with another individual a = hypodermic=20 needle, syringe, or both with the intent to expose that = individual=20 to that life threatening communicable disease. [NOTE: The = term "life=20 threatening communicable disease" is not defined.]

Kentucky

Ky. Rev. Stat. Ann. =A7 311.990(24)(b) Class D Felony Any person infected with HIV -- knowing that he or she is=20 infected and having been informed of the possibility of=20 communicating the infection by donating human organs, skin = or other=20 human tissues -- who donates organs, skin or other human = tissue is=20 guilty of a class D felony.

Ky. Rev. Stat. Ann. =A7 529.090(3) & (4) Class D Felony Any person who commits, offers, agrees to commit or = procures=20 another to commit prostitution by engaging in sexual = activity in a=20 manner likely to transmit HIV and who, prior to the = commission of=20 the crime, had tested positive for HIV and knew or had been = informed=20 that he or she had tested positive and could possibly = communicate=20 the disease to another through sexual activity, is guilty of = a class=20 D felony.

Louisiana

La. Rev. Stat. Ann. =A7 14:43.5 Not Specified (punishable by a fine not more than $5000,=20 imprisonment with or without hard labor for not more than 10 = years,=20 or both, except as noted in next column.) It is unlawful for any person to intentionally expose = another to=20 HIV through sexual contact or through any means or contact=20 (including spitting, biting, stabbing with an HIV = contaminated=20 object, or throwing of blood or other bodily substances) = without the=20 knowing and lawful consent of the victim. (If the victim is = a police=20 officer, and the offender has reasonable grounds to believe = the=20 victim is a police officer acting in performance of his or = her duty,=20 fine can be not more than $6000 and imprisonment can be not = more=20 than 11 years, or both.)

La. Rev. Stat. Ann. =A7 40:1062 Not Specified It is unlawful for any person to inoculate or infect = another=20 person in any manner with a venereal disease or to do any = act that=20 will expose another to inoculation or infection with a = venereal=20 disease. ("Venereal disease" means syphilis, gonorrhea, = chancroid,=20 or any other infectious disease primarily transmitted from = one=20 person to another by means of a sexual act, La. Rev. Stat. = Ann. =A7=20 40:1061.)

Maine

N/A

Maryland

Md. Code Ann., Health -- General =A7 18-601.1 Misdemeanor (punishable by a fine not exceeding $2,500 or=20 imprisonment not exceeding 3 years, or both) A person with HIV who knowingly transfers or attempts to=20 transfer the virus to another individual is guilty of a=20 misdemeanor.

Massachusetts

N/A

Michigan

Mich. Comp. Laws Ann. =A7 14.15 (5210) Felony A person who knows he or she has HIV, and who engages in = sexual=20 penetration with another person without informing that = person of his=20 or her HIV status, is guilty of a felony. "Sexual = penetration" means=20 sexual intercourse, cunnilingus, fellatio, anal intercourse, = or any=20 other intrusion, however slight, of any part of a person's = body or=20 of any object into the genital or anal openings of another = person's=20 body; emission of semen is not required.

Minnesota

N/A

Mississippi

Miss. Code Ann. =A7 97-27-14(1) Felony It shall be a felony for any person to knowingly expose = another=20 person to HIV. Prior knowledge and willing consent to the = exposure=20 is a defense to a charge brought under this = statute.

Miss. Code Ann. =A7 97-27-14(2) Felony It is a felony if a person attempts to cause or knowingly = causes=20 a corrections employee, a visitor to a correctional facility = or=20 another prisoner or offender to come into contact with = blood,=20 seminal fluid, urine, feces or saliva, if the person knows = that he=20 or she is infected with HIV.

Missouri

Mo. Rev. Stat. =A7 191.677 Class B Felony, Class A Felony It is unlawful for a person knowingly infected with HIV to = be=20 (or attempt to be) a donor of blood, blood products, organs, = sperm=20 or tissue, except as deemed necessary for medical research. = It is=20 also unlawful for a person knowingly infected with HIV to = act in a=20 reckless manner by exposing another person to HIV without = the=20 knowledge and consent of that person, in any of the = following=20 manners: (1) through contact with blood, semen or vaginal = secretions=20 during oral, anal or vaginal sex, (2) by sharing needles, or = (3) by=20 biting another person or purposely doing anything else which = causes=20 the HIV infected person's semen, vaginal secretions, or = blood to=20 come into contact with the mucous membranes or nonintact = skin of=20 another person. The use of a condom is not a defense. A = violation of=20 these provisions is a class B felony, unless the victim = contracts=20 HIV from the contact, in which case it is a class A felony. = (Statute=20 provides examples of "reckless" conduct.)

Mo. Rev. Stat. =A7 567.020 Class B Felony Performing an act of prostitution, which is normally a = class B=20 misdemeanor, becomes a class B felony if the prostitute knew = prior=20 to performing the act of prostitution that he or she was = infected=20 with HIV. The use of a condom is not a defense.

Montana

Mont. Code Ann. =A7=A7 50-18-112, 50-18-113 Misdemeanor A person infected with an STD (defined to include HIV in = =A7=20 50-18-101) may not knowingly expose another person to=20 infection.

Nebraska

N/A

Nevada

Nev. Rev. Stat. =A7 201.205 Class B Felony (punishable by imprisonment for at least 2 = years=20 but not more than 10, or by a fine of not more than $10,000, = or=20 both) A person who has received notice that he or she is HIV = positive=20 and who intentionally, knowingly or willfully engages in = conduct in=20 a manner that is intended to or is likely to transmit the = disease to=20 another person is guilty of a category B felony. It is a = defense=20 that the person subject to exposure to HIV knew that the = defendant=20 was HIV positive, knew the conduct could result in exposure = to HIV,=20 and consented to engage in that conduct.

Nev. Rev. Stat. =A7 441A.300 Not Specified A person diagnosed with HIV who fails to comply with a = written=20 order of a health authority, or who engages in behavior = through=20 which the disease may be spread to others, is subject to = confinement=20 by order of a court.

Nev. Rev. Stat. =A7 201.358 Class B Felony (punishable by 2 to 10 years imprisonment, = or a=20 fine of not more than $10,000, or both) A person who works as a prostitute in a licensed house of=20 prostitution after testing positive for HIV and after = receiving=20 notice of that fact is guilty of a category B = felony.

New=20 Hampshire

N/A

New=20 Jersey

N.J. Stat. Ann. =A7 2C: 34-5 Crime of the Third Degree A person is guilty of a crime of the third degree if, = knowing=20 that he or she is infected with HIV, he or she commits an = act of=20 sexual penetration without the informed consent of the other = person.

New=20 Mexico

N/A

New = York

N/A [NY Pub. Health Law =A7 2307 provides that someone = knowingly=20 infected with an "infectious venereal disease" who has = sexual=20 intercourse with another is guilty of a misdemeanor, but = there is no=20 indication in NY statutes that HIV infection is considered a = "venereal disease."]

North=20 Carolina

N/A

North=20 Dakota

N.D. Cent. Code =A7 12.1-20-17 Class A Felony A person who, knowing that he or she has HIV, willfully=20 transfers any of his or her body fluid to another person is = guilty=20 of a class A felony. It is an affirmative defense that, if = the=20 transfer was by sexual activity, the activity took place = between=20 consenting adults after full disclosure of the risk of the = activity=20 and with the use of an appropriate prophylactic device. = ("Body=20 fluid" means semen, blood, or vaginal secretion. "Transfer" = means to=20 engage in sexual activity by genital-genital contact, = oral-genital=20 contact, or anal-genital contact, or to permit the reuse of = a=20 hypodermic syringe, needle, or similar device without=20 sterilization.)

Ohio

Ohio Rev. Code Ann. =A7 2903.11 Second Degree Felony, First Degree Felony No person, with knowledge that the person has tested = positive=20 for HIV, shall knowingly do any of the following: (1) Engage = in=20 sexual conduct with another person without disclosing his or = her HIV=20 positive status to the other person prior to engaging in the = sexual=20 conduct, (2) Engage in sexual conduct with a person whom the = offender knows or has reasonable cause to believe lacks the = mental=20 capacity to appreciate the significance of the knowledge = that the=20 offender is HIV positive, or (3) Engage in sexual conduct = with a=20 person under 18 who is not the spouse of the offender. = Violation of=20 this provision is a felony of the second degree. If the = victim is a=20 peace officer or an investigator of the bureau of criminal=20 identification and investigation and suffers serious = physical harm=20 as a result of the offense, it is a felony in the first = degree.=20 ("Sexual conduct" is defined in =A7 = 2903.11(E)(4).)

Ohio Rev. Code Ann. =A7=A7 2907.24, 2907.25 Third Degree Felony No person, with knowledge that the person has tested = positive=20 for HIV, shall engage in, or solicit another person to = engage in,=20 sexual activity for hire.

Ohio Rev. Code Ann. =A7 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=20 the knowledge that he or she has tested positive for = HIV.

Ohio Rev. Code Ann. =A7 2921.38 Third Degree Felony No person, with knowledge that the person is HIV positive = and=20 with intent to harass, annoy, threaten, or alarm another = person,=20 shall cause or attempt to cause the other person to come = into=20 contact with blood, semen, urine, feces, or another bodily = substance=20 by throwing the bodily substance at the other person, by = expelling=20 it upon the other person, or in any other manner.

Ohio Rev. Code Ann. =A7 2927.13 Fourth Degree Felony No person, with knowledge that he or she is HIV positive, = shall=20 sell or donate his/her blood, plasma, or a product of = his/her blood,=20 if he or she knows or should know the blood, plasma, or = product of=20 his/her blood is being accepted for the purpose of = transfusion to=20 another individual.

Oklahoma

Okla. Stat. tit. 21, =A7 1031 Felony (punishable by imprisonment for not more than five=20 years) Any person who engages in prostitution with knowledge that = he or=20 she is infected with HIV shall be guilty of a = felony.

Okla. Stat. tit. 21, =A7 1192.1 Felony It shall be unlawful for any person -- knowing he or she = has HIV=20 and with intent to infect another -- to engage in conduct = reasonably=20 likely to result in the transfer of the person's own blood, = bodily=20 fluids containing visible blood, semen or vaginal secretions = into=20 the bloodstream of another, or through the skin or other = membranes=20 of another person, except during in utero transmission of = blood or=20 bodily fluids, if the other person did not consent to the = transfer=20 or consented without first having been informed that the = offender=20 had HIV.

Okla. Stat. tit. 63, =A7 1-519 Felony It is a felony for any person, after becoming infected = with a=20 venereal disease and before being pronounced cured by a = physician in=20 writing, to marry any other person or to expose any other = person by=20 the act of copulation or sexual intercourse to such venereal = disease=20 or to liability to contract the venereal disease. ("Venereal = disease" is defined to include diseases which may be = transmitted=20 from one person to another through or by means of sexual = intercourse=20 and found and declared by medical science or accredited = schools of=20 medicine to be infectious or contagious, =A7 = 1-517.)

Oregon

N/A

Pennsylvania

Pa. Cons. Stat. Ann. =A7 2703 Second Degree Felony A person who is confined in or committed to any jail, = prison or=20 correctional or penal institution is guilty of a felony of = the=20 second degree if he or she, while so confined (or being = transported=20 to or from such a facility), intentionally or knowingly = causes=20 another to come into contact with blood, seminal fluid, = saliva,=20 urine or feces by throwing, tossing, spitting or expelling = such=20 fluid or material when, at the time of the offense, the = person knew,=20 had reason to know or should have known or believed that = such fluid=20 or material was infected with HIV.

Pa. Cons. Stat. Ann. =A72704 Felony (penalty shall be the same as the penalty for = murder of=20 the second degree) If a person sentenced to death or life imprisonment=20 intentionally or knowingly causes another to come into = contact with=20 blood, seminal fluid, saliva, urine or feces by throwing, = tossing,=20 spitting or expelling such fluid or material when, at the = time of=20 the offense, the person knew, had reason to know, or should = have=20 known or believed that the fluid or material was infected = with HIV,=20 then the person is guilty of a crime.

Pa. Cons. Stat. Ann. =A7 5902 Third Degree Felony It is a felony of the third degree for a person to commit=20 prostitution knowing he or she is HIV positive; to knowingly = promote=20 prostitution of one who is HIV positive; or, if the person = knows him=20 or herself to be HIV positive, to patronize a = prostitute.

Rhode=20 Island

N/A

South=20 Carolina

S.C. Code Ann. =A7 44-29-145 Felony (punishable by a fine of not more than $5000 or=20 imprisonment for not more than 10 years) It is unlawful for a person who knows he or she is = infected with=20 HIV to: (1) knowingly engage in sexual intercourse (vaginal, = anal,=20 or oral) with another person without first informing that = person of=20 his HIV infection; (2) knowingly commit an act of = prostitution with=20 another person; (3) knowingly sell or donate blood, blood = products,=20 semen, tissue, organs, or other body fluids; (4) forcibly = engage in=20 sexual intercourse (vaginal, anal or oral) without the = consent of=20 the other person, including one's legal spouse; or (5) = knowingly=20 share with another person a hypodermic needle/syringe = without first=20 informing that person that the needle or syringe has been = used by=20 someone infected with HIV.

S.C. Code Ann. =A7=A7 44-29-60, 44-29-140 (& see=20 www.scdhec.gov) Misdemeanor (punishable by a fine of not more than $200 or = imprisonment for not more than 30 days) It is unlawful for anyone infected with an STD included in = the=20 annual SC Dep't of Health and Environmental Control List of=20 Reportable Diseases to knowingly expose another to = infection. ("HIV"=20 was included in the DHEC list for 2008.)

South=20 Dakota

S.D. Codified Laws =A7=A7 22-18-31, 22-18-33, = 22-18-34 Class 3 Felony It is unlawful for any person, knowing him/herself to be=20 infected with HIV, to intentionally expose another person to = infection by: (1) engaging in sexual intercourse or other = intimate=20 physical contact with another person; (2) transferring, = donating or=20 providing blood, tissue, semen, organs or other potentially=20 infectious body fluids or parts for administration to = another person=20 in any manner that presents a significant risk of HIV = infection; (3)=20 transferring in any way to another person any nonsterile = intravenous=20 or intramuscular drug paraphernalia that has been = contaminated by=20 him/herself; or (4) causing blood or semen to come in = contact with=20 another person for the purpose of exposing that person to = HIV=20 infection. The actual transmission of HIV is not a required = element=20 of this offense. It is an affirmative defense, if proven by = a=20 preponderance of the evidence, that the person exposed to = HIV knew=20 the infected person was infected with HIV, knew the action = could=20 result in infection with HIV, and gave advance consent to = the action=20 with that knowledge.

Tennessee

Tenn. Code Ann. =A7 39-13-109 Class C Felony It is unlawful for a person, knowing that he or she is = infected=20 with HIV, to knowingly: (1) engage in intimate contact with = another;=20 (2) transfer, donate or provide any potentially infectious = body=20 fluid or part for administration to another person in any = manner=20 that presents a significant risk of HIV transmission; or (3) = transfer in any way to another any nonsterile intravenous or = intramuscular drug paraphernalia. "Intimate contact with = another"=20 means the exposure of the body of one person to a bodily = fluid of=20 another person in any manner that presents a significant = risk of HIV=20 transmission. It is an affirmative defense, if proven by a=20 preponderance of the evidence, that the person exposed to = HIV knew=20 the infected person was infected with HIV, knew the action = could=20 result in infection with HIV, and gave advance consent to = the action=20 with that knowledge. The actual transmission of HIV is not a = required element of this offense.

Tenn. Code Ann. =A7 39-13-516 Class C Felony A person commits aggravated prostitution when, knowing = that such=20 person is infected with HIV, the person engages in sexual = activity=20 as a business or in a house of prostitution or loiters in a = public=20 place for the purpose of being hired to engage in sexual=20 activity.

Tenn. Code Ann. =A7=A7 68-10-107, 68-10-101 Class C Misdemeanor It is unlawful for any person infected with an STD to = expose=20 another person to such infection. (HIV is identified as STD = in Tenn.=20 Comp. R. & Regs. 1200-14-1-.41.)

Texas

N/A

Utah

Utah Code Ann. =A7 76-10-1309 Third Degree Felony (Enhanced Penalty) A person who is convicted of prostitution, patronizing a=20 prostitute, or sexual solicitation is guilty of a third = degree=20 felony if he or she: (1) is HIV positive, (2) has actual = knowledge=20 of his or her HIV positive status, and (3) has received = written=20 personal notice of the positive test result from a law = enforcement=20 agency.

Utah Code Ann. =A7 76-5-102.6 Third Degree Felony Any prisoner or person detained who knows he or she has = HIV=20 commits a third degree felony if he or she throws or = otherwise=20 propels his or her saliva at a peace or correctional officer = and it=20 comes into contact with any portion of the officer's face = (including=20 the eyes or mouth) or comes into contact with any open wound = on the=20 officer's body.

Vermont

N/A

Virginia

Va. Code Ann. =A7 18.2-67.4:1(A) Class 6 Felony Any person who, knowing he or she is infected with HIV, = has=20 sexual intercourse, cunnilingus, fellatio, analingus or anal = intercourse with the intent to transmit the infection to = another=20 person shall be guilty of a class 6 felony.

Va. Code Ann. =A7 18.2-67.4:1 Class 1 Misdemeanor Any person who, knowing he or she is infected with HIV, = has=20 sexual intercourse, cunnilingus, fellatio, analingus or anal = intercourse without having previously disclosed the = existence of his=20 or her HIV infection to the other person shall be guilty of = a class=20 1 misdemeanor.

Va. Code Ann. =A7 32.1-289.2 Class 6 Felony Any person who donates or sells, attempts to donate or = sell, or=20 consents to the donation or sale of blood, other body = fluids, organs=20 or tissues, knowing that the donor is or was infected with = HIV and=20 having been instructed that such material may transmit HIV=20 infection, is guilty of a class 6 felony. (Does not apply to = the=20 donation of infected blood, other body fluids, organs or = tissues or=20 body parts for use in medical or scientific = research.)

Washington

Wash. Rev. Code Ann. =A7 9A.36.011 Class A Felony A person is guilty of assault in the first degree if he or = she,=20 with intent to inflict great bodily harm, administers, = exposes, or=20 transmits to or causes to be taken by another, = HIV.

West=20 Virginia

N/A

This article was provided by Lambda = Legal.=20

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