1. (a) As used in this section, "blood" has the meaning set forth in IC 16-41-12-2.5 .
2. (b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination (as defined in IC 16-41-14-2 ) that contains the human immunodeficiency virus
3. (HIV) commits transferring contaminated body fluids, a Level 5 felony.
4. (c) However, the offense under subsection (b) is a Level 3 felony if it results in the transmission of the human immunodeficiency virus
5. (HIV) to any person other than the defendant.
6. (d) This section does not apply to:
7. (1) a person who, for reasons of privacy, donates, sells, or transfers blood at a blood center (as defined in IC 16-41-12-3 ) after the person has notified the blood center that the blood must be disposed of and may not be used for any purpose;
8. (2) a person who transfers blood semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or
9. (3) a person who is an autologous blood donor for stem cell transplantation.

As added by P.L.158-2013, SEC.547. Amended by P.L.213-2013, SEC.18.