76-5d-212. Engaging in prostitution or sexual solicitation as an HIV positive offender.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5d-101 76-5d-201
(2) An actor commits engaging in prostitution or sexual solicitation as an HIV positive offender if the actor: is an HIV positive individual; is convicted of: engaging in prostitution under Section; 76-5d-202 patronizing a prostituted individual who is an adult under Section; 76-5d-203 patronizing a prostituted individual who is a child under Section; 76-5d-204 entering or remaining in a place of prostitution under Section; 76-5d-205 sexual solicitation by an actor offering to engage in sexual activity for compensation under Section; 76-5d-209 sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section; or 76-5d-210 sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section; and 76-5d-211 has actual knowledge that the actor is an HIV positive individual; or has previously been convicted of a violation of Section,,,,,, or. 76-5d-202 76-5d-203 76-5d-204 76-5d-205 76-5d-209 76-5d-210 76-5d-211
(3) A violation of Subsectionis a third degree felony. (2)
(4) Upon conviction under this section, and as a condition of probation, the actor shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.