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Indiana Criminal Law FAQs

• Q: Is It Illegal For An Hiv Positive Person To Donate Blood Or Organs?
  A: Indiana Code Section 35-42-1-7 provides that: A person who recklessly, knowingly, or intentionally donates, sells or transfers blood, a blood component, or semen for artificial insemination that contains HIV commits 'transferring contaminated body fluids,' a class C felony. However, the offense is a class A felony if it results in the transmission of HIV to any person other than the defendant. These provisions do not apply to a person who, for reasons of privacy, donates blood to a blood center after the person has notified the blood center that the blood must be disposed of. Nor do the provisions apply to those that transfer HIV positive body fluids for research purposes.
• Q: Is It Illegal For An Hiv Positive Person To Spit At Or Assault Someone In Any Other Similar Manner?
  A: Indiana Code Section 35-42-6 provides that: A person who knowingly or intentionally in a rude, insolent, or angry manner places (or coerces another to place) blood or another body fluid or waste on a law enforcement or corrections officer identified as such and at that moment on duty commits battery by body waste, a class D Felony. The offense is a class C felony if the person knew or recklessly failed to know that the blood, fluid or body waste was infected with HIV. The offense is a class A felony if the person knew or recklessly failed to know that the blood, fluid or body waste was infected with HIV and the offense results in the transmission of HIV.
• Q: Is It Illegal For An Hiv Positive Person To Spit At Or Assault A Police Officer In Any Other Like Manner?
  A: Indiana Code Section 35-42-2-6 provides that: A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine or fecal waste on another person commits battery by body waste, a class A misdemeanor. The offense is a class D felony if the person knew recklessly failed to know that the blood, fluid or waste was infected with HIV. It is a class B felony if the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV and the offense results in the transmission of HIV.