2015 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part I - Crimes (Sections 1 - 2725)
Chapter 51 - Homicide (Sections 1111 - 1122)
Sec. 1122 - Protection against the human immunodeficiency virus
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 51 - HOMICIDE Sec. 1122 - Protection against the human immunodeficiency virus |
Contains | section 1122 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-333, title V, §514, Sept. 30, 1994, 108 Stat. 2574, §1118; renumbered §1122 and amended Pub. L. 104-294, title VI, §601(a)(5), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 113-51, §3, Nov. 21, 2013, 127 Stat. 581. |
Statutes at Large References | 108 Stat. 2574 110 Stat. 3498 127 Stat. 581 |
Public and Private Laws | Public Law 103-333, Public Law 104-294, Public Law 113-51 |
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(a) In General.—Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).
(b) Transmission Not Required.—Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.
(c) Penalty.—Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.
(Added Pub. L. 103–333, title V, §514, Sept. 30, 1994, 108 Stat. 2574, §1118; renumbered §1122 and amended Pub. L. 104–294, title VI, §601(a)(5), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 113–51, §3, Nov. 21, 2013, 127 Stat. 581.)
REFERENCES IN TEXTSection 377E of the Public Health Service Act, referred to in subsec. (a), is classified to section 274f–5 of Title 42, The Public Health and Welfare.
AMENDMENTS2013—Subsec. (a). Pub. L. 113–51 inserted "or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act" after "research or testing".
1996—Pub. L. 104–294, §601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section.
Subsec. (c). Pub. L. 104–294, §601(a)(5)(B), inserted "under this title" after "fine" and struck out "nor more than $20,000" after "$10,000".
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