2005 Idaho Code - 39-608 — TRANSFER OF BODY FLUID WHICH MAY CONTAIN THE HIV VIRUS -- PUNISHMENT -- DEFINITIONS -- DEFENSES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 6
                         CONTROL OF VENEREAL DISEASES
    39-608.  TRANSFER OF BODY FLUID WHICH MAY CONTAIN THE HIV VIRUS --
PUNISHMENT -- DEFINITIONS -- DEFENSES. (1) Any person who exposes another in
any manner with the intent to infect or, knowing that he or she is or has been
afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related
complexes (ARC), or other manifestations of human immunodeficiency virus (HIV)
infection, transfers or attempts to transfer any of his or her body fluid,
body 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
fifteen (15) years, by fine not in excess of five thousand dollars ($5,000),
or by both such imprisonment and fine.
    (2)  Definitions. As used in this section:
    (a)  "Body fluid" means semen (irrespective of the presence of
    spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine.
    (b)  "Transfer" means engaging in sexual activity by genital-genital
    contact, oral-genital contact, anal-genital contact; or permitting the use
    of a hypodermic syringe, needle, or similar device without sterilization;
    or giving, whether or not for value, blood, semen, body tissue, or organs
    to a person, blood bank, hospital, or other medical care facility for
    purposes of transfer to another person.
    (3)  Defenses:
    (a)  Consent. It is an affirmative defense that the sexual activity took
    place between consenting adults after full disclosure by the accused of
    the risk of such activity.
    (b)  Medical advice. It is an affirmative defense that the transfer of
    body fluid, body tissue, or organs occurred after advice from a licensed
    physician that the accused was noninfectious.