Is Informed Consent A Defense To Having Sex With A Person Who Is Hiv Positive?

South Dakota Codified Laws Section 22-18-33 provides that: It is an affirmative defense to prosecution pursuant to Section 22-18-31, if it is 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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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