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Illinois 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: Illinois Compiled Statutes Section 5/12-16.2 provides that: A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV (1) engages in contact with another person involving the exposure of the body of one person to a bodily fluid of another in a manner that could result in HIV transmission (2) transfers, donates or provides his or her blood, tissue, semen, organs or other potentially infectious body fluids for administration to another person, or (3) in any way transfers to another any nonsterile IV or intramuscular drug paraphernalia. The actual transmission of HIV is not a required element of this crime. It is an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection, and consented with that knowledge.

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