PRIA, Government Policy, Made Personal

Summary

It is a crime for someone who has tested positive for HIV and been told about it to knowingly give, sell, or try to give or sell blood, semen, tissues, organs, or other body fluids for use by another person, unless the donation is needed for medical research or testing or follows all rules set by the Secretary of Health and Human Services under section 377E of the Public Health Service Act. A person can be convicted even if HIV was not passed to anyone. The punishment is a fine of at least $10,000, prison for 1 to 10 years, or both.

Title 18, §1122

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).

(b)Transmission Not Required.—

Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.

(c)Penalty.—

Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 377E of the Public Health Service Act, referred to in subsec. (a), is classified to section 274f–5 of Title 42, The Public Health and Welfare.

Amendments

2013—Subsec. (a). Pub. L. 113–51 inserted “or in accordance with all applicable guidelines and

Regulations

made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”. 1996—Pub. L. 104–294, § 601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section. Subsec. (c). Pub. L. 104–294, § 601(a)(5)(B), inserted “under this title” after “fine” and struck out “nor more than $20,000” after “$10,000”.

§1122 Protection Against the Human Immunodeficiency Virus