HIV, intentional exposure made a crime.
ENTITLED, An Act
establish the crime of criminal exposure to HIV and to provide a penalty
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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;
(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
(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.
Terms used in this Act mean:
(1) "HIV," the human immunodeficiency virus or any other identified causative agent of
acquired immunodeficiency syndrome;
(2) "Intimate physical contact," bodily contact which exposes a person to the body fluid of
the inflected person in any manner that presents a significant risk of HIV transmission;
(3) "Intravenous or intramuscular drug paraphernalia," any equipment, product, or material
of any kind which is peculiar to and marketed for use in injecting a substance into the
It is an affirmative defense to prosecution under section 1 of this Act, if proven by
a preponderance of the evidence, that the person exposed to HIV knew that the infected person was
infected with HIV, knew that the action could result in infection with HIV, and gave advance
consent to the action with that knowledge.
Nothing in this section may be construed to require the actual transmission of HIV
in order for a person to have committed the offense of criminal exposure to HIV.
Signed February 28, 2000.