00SENATE BILL NO. 91                                                                                                      
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                                                         
07 commits the crime of criminal transmission of human immunodeficiency virus (HIV)                                        
08 if the person, knowing that the person is infected with HIV,                                                            
09   (1)  engages in intimate contact with another person;                                                                
10   (2)  transfers, donates, or provides the person's blood, tissue, semen,                                              
11 organs, or other potentially infectious body fluids for transfusion, transplantation,                                   
12 insemination, or other administration to another; or                                                                    
13   (3)  dispenses, delivers, exchanges, sells, or in any manner transfers to                                            
14 another person any nonsterile intravenous or intramuscular drug paraphernalia.                                          

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