2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 4 - Reckless Conduct
§ 16-5-60. Reckless Conduct Causing Harm to or Endangering the Bodily Safety of Another; Conduct by Hiv Infected Persons

1. 1. Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
   2. As used in this Code section, the term “person living with HIV” means a person who has a confirmed positive HIV test, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
2. A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
3. A person living with HIV who:
   1. Knowingly engages in a sexual act with the intent to transmit HIV and does not disclose his or her status as being a person living with HIV to the other person prior to that sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission; provided, however, that this paragraph shall not apply to a person living with HIV who is forced into a sexual act against his or her will; or
   2. Offers or consents to perform with another person a sexual act for money with the intent to transmit HIV without disclosing his or her status as being a person living with HIV to that other person prior to offering or consenting to perform the sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years.

History. Code 1933, § 26-2910, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1988, p. 1799, § 3; Ga. L. 2003, p. 306, § 1; Ga. L. 2022, p. 663, § 2/SB 164.

The 2022 amendment, effective July 1, 2022, designated the existing provisions of subsection (a) as paragraph (a)(1); added paragraph (a)(2); inserted “or her” in the middle of subsection (b); rewrote subsection (c); and deleted subsection (d), which read:

“(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:

“(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer’s performance of his or her official duties; or

“(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer’s performance of his or her official duties

“is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.”

Cross references.

Child committing delinquent act constituting AIDS transmission crime including testing and reporting, § 15-11-603 .

Transmitting crimes and required reporting, § 17-10-15 .

Disclosure of AIDS confidential information, § 24-12-21 .

Control of HIV, T. 31, C. 17A.

Use of HIV test results in granting relief from sentence, § 42-9-42.1 .

Editor’s notes.

Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: “The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.”

Administrative rules and regulations.

Acquired immune deficiency syndrome (AIDS), Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Chapter 290-5-48.

Law reviews.

For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).

For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).

For article, “New Challenges for the Georgia General Assembly: Survey of Child Endangerment Statutes,” see 7 Ga. St. B. J. 8 (2001).

For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 81 (2003).