Ohio Revised Code Annotated Section 2903.11 provides that: No person, with knowledge that the person has tested positive for HIV, shall do any of the following: (1) Engage in sexual conduct with another person without disclosing his or her HIV positive status to the other person prior to engaging in the sexual conduct, (2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender is HIV positive, or (3) Engage in sexual conduct with a person under 18 who is not the spouse of the offender. Violation of this provision is felonious assault, a felony of the second degree. If the victim is a peace office and suffers serious physical harm as a result of the offense, it is a felony in the first degree.
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