191.677. Prohibited acts, criminal penalties. - Missouri Statutes

Prohibited acts, criminal penalties.

191.677. 1. It shall be unlawful for any individual knowingly infectedwith HIV to:

(1) Be or attempt to be a blood, blood products, organ, sperm or tissuedonor except as deemed necessary for medical research;

(2) Act in a reckless manner by exposing another person to HIV withoutthe knowledge and consent of that person to be exposed to HIV, in one of thefollowing manners:

(a) Through contact with blood, semen or vaginal secretions in thecourse 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 mannerwhich causes the HIV-infected person's semen, vaginal secretions, or blood tocome into contact with the mucous membranes or nonintact skin of anotherperson.

Evidence that a person has acted recklessly in creating a risk of infectinganother individual with HIV shall include, but is not limited to, thefollowing:

a. The HIV-infected person knew of such infection before engaging insexual activity with another person, sharing needles with another person,biting another person, or purposely causing his or her semen, vaginalsecretions, or blood to come into contact with the mucous membranes ornonintact skin of another person, and such other person is unaware of theHIV-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 andtested positive to primary and secondary syphilis, or gonorrhea, or chlamydia;or

c. Another person provides evidence of sexual contact with theHIV-infected person after a diagnosis of an HIV status.

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

3. The department of health and senior services or local law enforcementagency, victim or others may file a complaint with the prosecuting attorney orcircuit attorney of a court of competent jurisdiction alleging that a personhas violated a provision of subsection 1 of this section. The department ofhealth and senior services shall assist the prosecutor or circuit attorney inpreparing such case, and upon request, turn over to peace officers, policeofficers, the prosecuting attorney or circuit attorney, or the attorneygeneral records concerning that person's HIV-infected status, testinginformation, counseling received, and the identity and available contactinformation for individuals with whom that person had sexual intercourse ordeviate 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.

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

(1998) Statute is not unconstitutionally broad or void for vagueness as applied. State v. Mahan, 971 S.W.2d 307 (Mo.banc).