This text of Iowa § 709D.3 (Criminal transmission of a contagious or infectious disease) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A person commits a class “B” felony when the person knows the person is infected
with a contagious or infectious disease and exposes an uninfected person to the contagious
or infectious disease with the intent that the uninfected person contract the contagious or
infectious disease, and the conduct results in the uninfected person becoming infected with
the contagious or infectious disease.
2.A person commits a class “D” felony when the person knows the person is infected
with a contagious or infectious disease and exposes an uninfected person to the contagious
or infectious disease with the intent that the uninfected person contract the contagious or
infectiousdisease, buttheconductdoesnotresultintheuninfectedpersonbecominginfected
with the contagious or infectious disease.
Free access — add to your briefcase to read the full text and ask questions with AI
1. A person commits a class “B” felony when the person knows the person is infected
with a contagious or infectious disease and exposes an uninfected person to the contagious
or infectious disease with the intent that the uninfected person contract the contagious or
infectious disease, and the conduct results in the uninfected person becoming infected with
the contagious or infectious disease.
2. A person commits a class “D” felony when the person knows the person is infected
with a contagious or infectious disease and exposes an uninfected person to the contagious
or infectious disease with the intent that the uninfected person contract the contagious or
infectiousdisease, buttheconductdoesnotresultintheuninfectedpersonbecominginfected
with the contagious or infectious disease.
3. A person commits a class “D” felony when the person knows the person is infected
with a contagious or infectious disease and exposes an uninfected person to the contagious
or infectious disease acting with a reckless disregard as to whether the uninfected person
contracts the contagious or infectious disease, and the conduct results in the uninfected
person becoming infected with the contagious or infectious disease.
4. A person commits a serious misdemeanor when the person knows the person is
infected with a contagious or infectious disease and exposes an uninfected person to the
contagious or infectious disease acting with a reckless disregard as to whether the uninfected
person contracts the contagious or infectious disease, but the conduct does not result in the
uninfected person becoming infected with the contagious or infectious disease.
5. The act of becoming pregnant while infected with a contagious or infectious disease,
continuing a pregnancy while infected with a contagious or infectious disease, or declining
treatmentforacontagiousorinfectiousdiseaseduringpregnancyshallnotconstituteacrime
under this chapter.
6. Evidence that a person knows the person is infected with a contagious or infectious
disease and has engaged in conduct that exposes others to the contagious or infectious
§709D.3, CONTAGIOUS OR INFECTIOUS DISEASE TRANSMISSION ACT 2
disease, regardless of the frequency of the conduct, is insufficient on its own to prove the
intent to transmit the contagious or infectious disease.
7. A person does not act with the intent required pursuant to subsection 1 or 2, or with the
reckless disregard required pursuant to subsection 3 or 4, if the person takes practical means
to prevent transmission, or if the person informs the uninfected person that the person has
a contagious or infectious disease and offers to take practical means to prevent transmission
but that offer is rejected by the uninfected person subsequently exposed to the infectious or
contagious disease.
8. It is an affirmative defense to a charge under this section if the person exposed to
the contagious or infectious disease knew that the infected person was infected with the
contagious or infectious disease at the time of the exposure and consented to exposure with
that knowledge.