Idaho Criminal Law FAQs

• Q: Is It Illegal For A Person With Hiv To Have Sex Without Informing Their Partner Of Their Status Or Donate Blood Or Organs?
  A: Idaho Code Section 39-608 provides that: Any person who exposes another in any manner with the intent to infect or, knowing that he or she has HIV or AIDS, transfers or attempts to transfer any of his or her body fluid, tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed 15 years, by a fine not in excess of $5000, or both. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of HIV transmission. It is also an affirmative defense that the transfer of body fluid, tissue or organs occurred after advice from a licensed physician that the accused was noninfectious.