2021 South Dakota Codified Laws
Title 22 - Crimes
Chapter 18 - Assaults And Personal Injuries
Section 22-18-31 - Intentional exposure to HIV infection a felony.

22-18-31. Intentional exposure to HIV infection a felony.

Any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by:

(1)Engaging in sexual intercourse or other intimate physical contact with another person;

(2)Transferring, donating, or providing blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV transmission;

(3)Dispensing, delivering, exchanging, selling, or in any other way transferring to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or

(4)Throwing, smearing, or otherwise causing blood or semen, to come in contact with another person for the purpose of exposing that person to HIV infection; is guilty of criminal exposure to HIV.

Criminal exposure to HIV is a Class 3 felony.

Source: SL 2000, ch 99, §1; SL 2005, ch 120, §17.

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