2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 16. MALICIOUS MISCHIEF
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IC 35-45-16
Chapter 16. Malicious Mischief
IC 35-45-16-0.1
Repealed
(Repealed by P.L.63-2012, SEC.65.)
IC 35-45-16-1
"HIV"
Sec. 1. (a) As used in this chapter, "HIV" refers to the human
immunodeficiency virus.
(b) The term includes acquired immune deficiency syndrome
(AIDS) and AIDS related complex.
As added by P.L.88-2002, SEC.2.
IC 35-45-16-2
Malicious mischief
Sec. 2. (a) As used in this section, "body fluid" means:
(1) blood;
(2) saliva;
(3) sputum;
(4) semen;
(5) vaginal secretions;
(6) human milk;
(7) urine;
(8) sweat;
(9) tears;
(10) any other liquid produced by the body; or
(11) any aerosol generated form of liquids listed in this
subsection.
(b) As used in this section, "infectious hepatitis" means:
(1) hepatitis A;
(2) hepatitis B;
(3) hepatitis C;
(4) hepatitis D;
(5) hepatitis E; or
(6) hepatitis G.
(c) A person who recklessly, knowingly, or intentionally places
human:
(1) body fluid; or
(2) fecal waste;
in a location with the intent that another person will involuntarily
touch the body fluid or fecal waste commits malicious mischief, a
Class B misdemeanor.
(d) An offense described in subsection (c) is a:
(1) Level 6 felony if the person knew or recklessly failed to
know that the body fluid or fecal waste was infected with:
(A) infectious hepatitis;
(B) HIV; or
(C) tuberculosis;
(2) Level 5 felony if:
(A) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with infectious
hepatitis and the offense results in the transmission of
infectious hepatitis to the other person; or
(B) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with tuberculosis and
the offense results in the transmission of tuberculosis to the
other person; and
(3) Level 4 felony if:
(A) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
(e) A person who recklessly, knowingly, or intentionally places
human:
(1) body fluid; or
(2) fecal waste;
in a location with the intent that another person will ingest the body
fluid or fecal waste commits malicious mischief with food, a Class A
misdemeanor.
(f) An offense described in subsection (e) is:
(1) a Level 6 felony if the person knew or recklessly failed to
know that the body fluid or fecal waste was infected with:
(A) infectious hepatitis;
(B) HIV; or
(C) tuberculosis;
(2) a Level 5 felony if:
(A) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with infectious
hepatitis and the offense results in the transmission of
infectious hepatitis to the other person; or
(B) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with tuberculosis and
the offense results in the transmission of tuberculosis to the
other person; and
(3) a Level 4 felony if:
(A) the person knew or recklessly failed to know that the
body fluid or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
As added by P.L.88-2002, SEC.2. Amended by P.L.158-2013,
SEC.545.
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