North Dakota Century Code Section 12.1-20-17 provides that: A person who, knowing that he or she has HIV or AIDS or AIDS related symptoms, willfully transfers any of his or her body fluid to another person is guilty of a class A felony. It is an affirmative defense that, if the transfer was by sexual activity, the activity took place between consenting adults after full disclosure of the risk of the activity and with the use of an appropriate prophylactic device.
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