00SENATE BILL NO. 17 am H                                                                                               
01 "An Act creating the crime of criminal transmission of human immunodeficiency                                           
02 virus (HIV)."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 11.66 is amended by adding a new section to read:                                                 
05 Article 1A.  Health Offenses.                                                                                         
06  Sec. 11.66.160.  Criminal transmission of HIV.  (a)  A person commits the                                           
07 crime of criminal transmission of human immunodeficiency virus (HIV) if the person,                                     
08 knowing that the person is infected with HIV,                                                                           
09   (1)  voluntarily engages in intimate contact with another person;                                                    
10   (2)  transfers, donates, or provides the person's blood, tissue, semen,                                              
11 ovum, organs, or other potentially infectious body fluids for transfusion,                                              
12 transplantation, insemination, or other administration to another, excluding perinatal                                  
13 transmission; or                                                                                                        
14   (3)  except for recognized needle exchange programs, dispenses,                                                      

01 delivers, exchanges, sells, or in any manner transfers any nonsterile intravenous or                                    
02 intramuscular drug paraphernalia in a manner that is substantially likely to result in the                              
03 transmission of HIV unless the transfer is for the purpose of disposing of the                                          
04 paraphernalia properly under state or federal law.                                                                      
05  (b)  In a prosecution under this section,                                                                             
06   (1)  it is an affirmative defense that the person exposed to HIV by the                                              
07 intimate contact, the transfusion, transplantation, insemination, or other administration                               
08 or the transfer, knew that the defendant was infected with HIV, knew that the action                                    
09 could result in infection with HIV, and consented to the action with that knowledge;                                    
10   (2)  it is not necessary to show that the victim has been actually infected                                          
11 with HIV for the defendant to be convicted.                                                                             
12  (c)  In this section,                                                                                                 
13   (1)  "HIV" means the human immunodeficiency virus or another                                                         
14 identified causative agent of acquired immunodeficiency syndrome;                                                       
15   (2)  "intimate contact" means sexual penetration or any contact in which                                             
16 the body of one person is exposed to a body fluid of another person in a manner that                                    
17 is substantially likely to result in the transmission of HIV;                                                           
18   (3)  "intravenous or intramuscular drug paraphernalia" means any                                                     
19 equipment, product, or material of any kind that is peculiar to and marketed for use                                    
20 in injecting a substance into the human body.                                                                           
21  (d)  Criminal transmission of HIV is a class B felony.                                                                
22    * Sec. 2.  This Act applies to all offenses committed on or after the effective date of this                       
23 Act.