Sec. 1. (a) As used in this section, “blood” has the meaning set forth in IC 16-41-12-2.5.

     (b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Level 5 felony.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 3 felonybetween 3 and 16 yearsup to $10,000
Level 5 felonybetween 1 and 6 yearsup to $10,000
For details, see Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-6
criminal case

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Terms Used In Indiana Code 35-45-21-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Donor: The person who makes a gift.
     (c) However, the offense under subsection (b) is a Level 3 felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.

     (d) This section does not apply to:

(1) a person who, for reasons of privacy, donates, sells, or transfers blood at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood must be disposed of and may not be used for any purpose;

(2) a person who transfers blood semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or

(3) a person who is an autologous blood donor for stem cell transplantation.

As added by P.L.158-2013, SEC.547. Amended by P.L.213-2013, SEC.18.

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