Home  > For Everyone  > Criminal Law  > {More Criminal Law Topics}  > Punishments and Sentencing  > Florida Statutes 775.0877 - Criminal transmission of HIV; procedures; penalties 
Search the Florida Statutes

Florida Statutes 775.0877 - Criminal transmission of HIV; procedures; penalties

Florida Statutes > Chapter 775 > 775.0877


Current as of: 2012
   (1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids from one person to another:
   (a) Section 794.011, relating to sexual battery;
   (b) Section 826.04, relating to incest;
   (c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
   (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;
   (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;
   (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;
   (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;
   (h) Section 827.03(2)(c), relating to child abuse;
   (i) Section 827.03(2)(a), relating to aggravated child abuse;
   (j) Section 825.102(1), relating to abuse of an elderly person or disabled adult;
   (k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult;
   (l) Section 827.071, relating to sexual performance by person less than 18 years of age;
   (m) Sections 796.03, 796.07, and 796.08, relating to prostitution; or
   (n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue,

the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of the alleged offense.

   (2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public health agency of the county in which the conviction occurred and, if different, the county of residence of the offender, and, upon request pursuant to s. 960.003, to the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor.
   (3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n).
   (4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may introduce results of a backup test performed at her or his own expense.
   (5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed criminal transmission of HIV.
   (6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in transmission of the HIV infection, and consented to the action voluntarily with that knowledge.
Florida Statutes 775.0875 - Unlawful taking, possession, or use of law enforcement officerChapter 775 Table of ContentsFlorida Statutes 775.089 - Restitution

________________________________________________________________________

Questions & Answers: Punishments and Sentencing

What can you do to help yyour case if you are charged with unlawful sex activity with a minor unknowingly--she lied about her age...
I need to know if act 110 is retroactive for the 1990's?? Thanks...
Please help, is act 110 retroactive for the '90's?? ...
How long is the timeframe to arraign formally charge on pending charges...
I need to know how I can find out if a person transferred his probation from Wisconsin to Florida recently...
What is restitution for fraud in a Indiana civil judgement against member of same LLC ?...

Florida Laws: Punishments and Sentencing

Florida Statutes > Chapter 775 - Definitions; General Penalties; Registration of Criminals
Florida Statutes > Chapter 949 - Parole and Probation: General Provisions

U.S. Constitution Provisions: Punishments and Sentencing

 U.S. Constitution 8th Amendment

U.S. Code Provisions: Punishments and Sentencing

U.S. Code Title 18 > Part II > Chapter 229 - Postsentence Administration
Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

The Dickerson & Smith Law Group
Virgina Beach, VA Full service law firm

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
The Dickerson & Smith Law Group

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
Gabriel & Associates, PC
Virgina Beach, VA Family law attorneys

5226 Indian River Road, Suite 100
Virginia Beach, Virginia 23464
Practice Areas: Criminal Law
www.gabriellawyers.com/
monotone-frail