00 HOUSE BILL NO. 199
01 "An Act creating the crime of criminal transmission of HIV."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. AS 11.41 is amended by adding new sections to read:
04 ARTICLE 6. CRIMINAL TRANSMISSION OF HIV.
05 Sec. 11.41.600. CRIMINAL TRANSMISSION OF HIV. (a) A person
06 commits the crime of criminal transmission of HIV when the person, knowing that the
07 person is infected with HIV,
08 (1) voluntarily engages in intimate sexual contact with another person
09 in a manner that could result in the transmission of HIV;
10 (2) deliberately exposes the person's bodily fluid to the body of another
11 person in a manner that could result in the transmission of HIV;
12 (3) transfers, donates, or provides the person's blood, tissue, semen,
13 organs, or other potentially infectious body fluids for transfusion, transplantation,
14 insemination, or other administration to another; or
01 (4) dispenses, delivers, exchanges, sells, or in another way transfers to
02 another a nonsterile device or paraphernalia designed for the intravenous or
03 intramuscular administration of drugs.
04 (b) It is an affirmative defense to a prosecution under
05 (1) (a)(1) of this section that the intimate sexual contact occurred under
06 the following conditions:
07 (A) the parties to the intimate sexual contact were legally
08 married at the time of the contact;
09 (B) the person exposed knew that the defendant was infected
10 with HIV, knew that the contact could result in transmission of HIV, and
11 voluntarily participated in the contact with the knowledge; and
12 (C) during the contact, the parties used reasonable prophylactic
13 measures designed to minimize the risk of transmission of sexually transmitted
15 (2) (a)(2) of this section, that the exposure was incidental to the
16 administration of medical treatment to the defendant, that the treatment took place at
17 the direction of a medical professional licensed and qualified to authorize the
18 treatment, and that the defendant made efforts that were reasonable considering the
19 circumstances to inform the medical professional that the defendant was infected with
21 (3) (a)(1) or (2) of this section, that the person exposed to HIV by the
22 proscribed conduct had, before that exposure, been medically diagnosed as being
23 infected with HIV.
24 (c) In a prosecution under (a) of this section, the determination of whether a
25 defendant acted with knowledge that the defendant was infected with HIV shall be
26 based on the totality of the evidence concerning the existence of the knowledge, and
27 may not be construed as requiring that the accused has submitted to or received the
28 results of a particular test or method of diagnosis.
29 (d) This section does not require transmission of HIV to have actually occurred
30 in order for a person to have committed criminal transmission of HIV.
31 (e) In this section, "HIV" means human immunodeficiency virus.
01 (f) Criminal transmission of HIV is a class A felony.