Section 565.085

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2005, 2 histories, see footnote   (history) 

  565.085.  Until December 31, 2016 — Crime of endangering a corrections employee — definitions — penalty. — 1.  An offender or prisoner commits the crime of endangering a corrections employee, a visitor to a correctional facility, or another offender or prisoner if he or she attempts to cause or knowingly causes such person to come into contact with blood, seminal fluid, urine, feces, or saliva.

  2.  For the purposes of this section, the following terms mean:

  (1)  "Corrections employee", a person who is an employee, or contracted employee of a subcontractor, of a department or agency responsible for operating a jail, prison, correctional facility, or sexual offender treatment center or a person who is assigned to work in a jail, prison, correctional facility, or sexual offender treatment center;

  (2)  "Offender", a person in the custody of the department of corrections;

  (3)  "Prisoner", a person confined in a county or city jail.

  3.  Endangering a corrections employee, a visitor to a correctional facility, or another offender or prisoner is a class D felony unless the substance is unidentified in which case it is a class A misdemeanor.  If an offender or prisoner is knowingly infected with the human immunodeficiency virus (HIV), hepatitis B or hepatitis C and exposes another person HIV or hepatitis B or hepatitis C by committing the crime of endangering a corrections employee, a visitor to a correctional facility, or another offender or prisoner, it is a class C felony.

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(L. 2005 H.B. 700)

Transferred 2014; now 575.155; Effective 1-01-17