HIV Assault Act Exposed

The HIV Assault Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill would allow for civil charges against an individual who commits an HIV assault. The accused would be held civilly liable to the victim should the individual become infected with the HIV virus.

Model Legislation

{Title, enacting clause, etc.}

Section 1.

This act may be cited as the HIV Assault Act.

Section 2.

(A) A male or female commits the crime of HIV Assault if, knowing that he or she is infected with the Human Immunodeficiency Virus (HIV), he or she:

(1) engages in intimate contact with another;

(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another; or

(3) dispenses, delivers, exchanges, sells, or in any other way transfers to another any non-sterile intravenous or intramuscular drug paraphernalia used by said person.

(B) HIV assault is a felony and shall be punished by a fine of not more than $20,000, or imprisonment in a state correctional institution for not less than one year or more than several years, or both.

(C) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed HIV assault.

Section 3.

Any individual who commits the crime of HIV assault under Section 2 of this Act shall be civilly liable for damages if another individual becomes infected with the human immunodeficiency virus as a result of such violation.

Section 4.

If shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.

Section 5.

For purposes of the Act:

(A) “HIV” means any human immunodeficiency virus (HIV) or any other identified causative agent of acquired immune deficiency syndrome (AIDS).

(B) “Intimate contact” means the exposure of the body of one person to the bodily fluid of another person in a manner that can transmit the HIV virus.

(C) “Intravenous or intramuscular drug paraphernalia” means any equipment, products, or material of any kind that is peculiar to and used for injecting a controlled substance into the human body.

Section 6. {Severability Clause.}

Section 7. {Repealer Clause.}

Section 8. {Effective Date.}

1995 Sourcebook of American State Legislation