South Dakota Codified Laws 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;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | up to 15 years | up to $30,000 |
Terms Used In South Dakota Codified Laws 22-18-31
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.