1. It shall be unlawful for any individual knowingly infected with HIV to:
- (1) Be or attempt to be a blood, blood products, organ, sperm or tissue donor except as deemed necessary for medical research; or
(2) Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV, through contact with blood, semen or vaginal fluid in the course of oral, anal or vaginal sexual intercourse, or by the sharing of needles. Evidence that a person has acted recklessly in creating a risk of infecting another individual with HIV shall include, but is not limited to, the following:
- (a) The HIV infected person knew of such infection before engaging in sexual activity with another person, and such other person is unaware of the HIV infected person's condition or does not consent to contact with blood, semen or vaginal fluid in the course of sexual activity, or by the sharing of needles;
- (b) The HIV infected person has subsequently been infected with and tested positive to primary and secondary syphilis, or gonorrhea, or chlamydia; or
- (c) Another person provides corroborated evidence of sexual contact with the HIV infected person after a diagnosis of an HIV status.
- 2. Violation of the provisions of subsection 1 of this section is a class D felony.
- 3. Violation of the provisions of subsection 1 of this section with a person under the age of seventeen is a class C felony if the actor is over the age of twenty-one.
- 4. The department of health and senior services or local law enforcement agency, victim or others may file a complaint with the prosecuting attorney of a court of competent jurisdiction alleging that an individual has violated a provision of subsection 1 of this section. The department of health and senior services shall assist the prosecutor in preparing such case.
(L. 1988 H.B. 1151 & 1044 § 10, A.L. 1997 S.B. 347)
(1998) Statute is not unconstitutionally broad or void for vagueness as applied. State v. Mahan, 971 S.W.2d 307 (Mo.banc).