Intentional exposure to HIV

A. No person shall intentionally expose another person to the human immunodeficiency virus (HIV) without the knowing and lawful consent of the victim when the offender knew that he was positive for HIV at the time of the exposure and the contact posed a substantial likelihood of transmission as follows: (1) Through sexual contact. (2) Through the sharing of hypodermic needles or syringes. (3) Through any means or contact that poses a substantial likelihood of transmission. (4) Through any means or contact that poses a substantial likelihood of transmission if the offender has reasonable grounds to believe the victim is a first responder acting in the performance of his official duties. B. For the purposes of this Section, the following terms have the following meanings: (1) "First responder" includes any of the following: (a) A commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, constable, wildlife enforcement agent, or probation and parole officer. (b) Any licensed emergency medical services practitioner as defined in R.S. 40:1131. (c) Any firefighter regularly employed by a fire department of any municipality, parish, or fire protection district of the state or any volunteer firefighter of the state. (2) "Substantial likelihood of transmission" means conduct that includes contact with blood, semen, or vaginal fluid that carries a significant probability of HIV transmission according to current and generally accepted medical and scientific evidence and standards. It does not include conduct that poses a negligible or theoretical risk of HIV transmission. C. (1) Whoever violates the provisions of Paragraph (A)(1), (2), or (3) of this Section shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both. (2) Whoever violates the provisions of Paragraph (A)(4) of this Section shall be fined not more than six thousand dollars, imprisoned with or without hard labor for not more than eleven years, or both. D. (1) Any of the following shall be an affirmative defense, if proven by a preponderance of the evidence, to a violation of this Section: (a) That the victim knew the defendant was positive for HIV, knew the means, contact, or conduct could result in the transmission of HIV, and gave consent to the means, contact, or conduct with that knowledge. (b) That the transfer of blood, semen, or vaginal fluid occurred after advice from a licensed physician that the defendant was noninfectious and the defendant disclosed his HIV-positive status to the victim. (c) That the defendant either: (i) Disclosed his HIV-positive status to the victim and took practical means to prevent transmission as advised by a physician or other healthcare provider. (ii) Is a healthcare provider who was following professionally accepted infection control procedures. (d) That the defendant, at the time of the alleged transmission, disclosed to the victim that the defendant was receiving medical care for HIV and maintained a viral load consistent with levels recognized by prevailing medical standards that effectively eliminated the risk of HIV transmission through sexual contact. (2) The defendant bears the burden of proof for asserting any affirmative defense provided in this Subsection. E. Nothing in this Section shall be construed to criminalize conduct that poses no medically recognized risk of HIV transmission.