Section 191.677

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2002, 2 histories, see footnote   (history) 

  191.677.  Prohibited acts, criminal penalties. — 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;

  (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, in one of the following manners:

  (a)  Through contact with blood, semen or vaginal secretions in the course of oral, anal or vaginal sexual intercourse; or

  (b)  By the sharing of needles; or

  (c)  By biting another person or purposely acting in any other manner which causes the HIV-infected person's semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of another person.  

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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, sharing needles with another person, biting another person, or purposely causing his or her semen, vaginal secretions, or blood to come into contact with the mucous membranes or nonintact skin of 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 such activities;

  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 evidence of sexual contact with the HIV-infected person after a diagnosis of an HIV status.

  2.  Violation of the provisions of subdivision (1) or (2) of subsection 1 of this section is a class B felony unless the victim contracts HIV from the contact in which case it is a class A felony.

  3.  The department of health and senior services or local law enforcement agency, victim or others may file a complaint with the prosecuting attorney or circuit attorney of a court of competent jurisdiction alleging that a person has violated a provision of subsection 1 of this section.  The department of health and senior services shall assist the prosecutor or circuit attorney in preparing such case, and upon request, turn over to peace officers, police officers, the prosecuting attorney or circuit attorney, or the attorney general records concerning that person's HIV-infected status, testing information, counseling received, and the identity and available contact information for individuals with whom that person had sexual intercourse or deviate sexual intercourse and those individuals' test results.

  4.  The use of condoms is not a defense to a violation of paragraph (a) of subdivision (2) of subsection 1 of this section.

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(L. 1988 H.B. 1151 & 1044 § 10, A.L. 1997 S.B. 347, A.L. 2002 H.B. 1756)

(2016) Section's burden on speech is incidental to the conduct sought to be prohibited and does not violate constitutional provisions protecting freedom of speech.  State v. S.F., 483 S.W.3d 385 (Mo.).