Section 565.086

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2010, 2 histories, see footnote   (history) 

  565.086.  Until December 31, 2016 — Endangering a mental health employee, visitor, or another offender, definitions, penalty. — 1.  An offender commits the crime of endangering a department of mental health employee, a visitor or other person at a secure facility, or another offender if he or she attempts to cause or knowingly causes such individual to come into contact with blood, seminal fluid, urine, feces, or saliva.

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

  (1)  "Department of mental health employee", a person who is an employee of the department of mental health, an employee or contracted employee of a subcontractor of the department of mental health, or an employee or contracted employee of a subcontractor of an entity responsible for confining offenders as authorized by section 632.495;

  (2)  "Offender", persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons committed for control, care, and treatment by the department of mental health under sections 632.480 to 632.513;

  (3)  "Secure facility", a facility operated by the department of mental health or an entity responsible for confining offenders as authorized by section 632.495.

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

­­--------

(L. 2010 S.B. 774)

Transferred 2014; now 575.157; Effective 1-01-17