18.2-67.4:1 - Infected sexual battery; penalty - Virginia Statutes

§ 18.2-67.4:1. Infected sexual battery; penalty.

A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B,has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercoursewith the intent to transmit the infection to another person is guilty of aClass 6 felony.

B. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B,has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercoursewith another person without having previously disclosed the existence of hisinfection to the other person is guilty of a Class 1 misdemeanor.

C. "HIV" means the human immunodeficiency virus or any other related virusthat causes acquired immunodeficiency syndrome (AIDS).

Nothing in this section shall prevent the prosecution of any other crimeagainst persons under Chapter 4 (§ 18.2-30 et seq.) of this title. Any personcharged with a violation of this section alleging he is infected with HIVshall be subject to the testing provisions of § 18.2-62.

(2000, c. 831; 2004, c. 449.)