§ 14-80.6. Knowingly engaging in conduct reasonably likely to transfer HIV

Statutes | Cherokee Code Part II Chapter 14 Article XIII § 14-80.6 | 2019

(a)    It shall be unlawful for any person knowing that he or she has Acquired Immune Deficiency Syndrome (AIDS) or is a carrier or the human immunodeficiency virus (HIV) to engage in conduct reasonably likely to result in transfer of the persons own blood, bodily fluids containing visible blood, semen, or vaginal secretions into the bloodstream of another, or through the skin or other membranes of another person, except during in utero transmission of blood or bodily fluids and

    (1)  The other person did not consent to the transfer of blood, bodily fluids containing blood, semen, or vaginal secretions or

    (2)  The other person consented to the transfer but at the time of giving consent had not been informed by the person that the person transferring such blood or fluids had AIDS or was a carrier of HIV.

(b)    The court shall, upon conviction, have the power to order the medical examination and treatment of the convicted offender and may also order an investigation to determine to what extent others have or may have been infected by the convicted offender.

(c)     Knowingly engaging in conduct reasonably likely to transfer HIV shall be punishable by a fine of $5,000.00 and imprisonment for not more than one year.

(Ord. No. 117, 3-3-2000)