2021 Indiana Code
Title 35. Criminal Law and Procedure
Article 45. Offenses Against Public Health, Order, and Decency
Chapter 21. Offenses Against Public Health
35-45-21-1. Transferring Contaminated Body Fluids
Sec. 1. (a) As used in this section, "blood" has the meaning set forth in IC 16-41-12-2.5.
(b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Level 5 felony.
(c) However, the offense under subsection (b) is a Level 3 felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.
(d) This section does not apply to:
(1) a person who, for reasons of privacy, donates, sells, or transfers blood at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood must be disposed of and may not be used for any purpose;
(2) a person who transfers blood semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or
(3) a person who is an autologous blood donor for stem cell transplantation.
As added by P.L.158-2013, SEC.547. Amended by P.L.213-2013, SEC.18.
