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Virginia Criminal Law FAQs

• Q: Does A Person With Hiv Or An Std Have To Inform Their Partner Of Their Status?
  A: Virginia Code Annotated Section 18.2-67.4:1 provides that: Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, analingus or anal intercourse with the intent to transmit the infection to another person shall be guilty of a class 6 felony.
• Q: Is It Illegal For A Person With Hiv To Donate Blood Or Organs?
  A: Virginia Code Annotated Section 32.1-289.2 provides that: Any person who, knowing that the donor is or was HIV positive, donates or sells, attempts to donate or sell, or consents to the donation or sale of blood or body parts is guilty of a class 6 felony. This provision only applies to those who have been instructed that such blood or body parts may transmit HIV infection. The provision does not apply to the donation of infected blood or body parts for use in research.

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