Protection against the human immunodeficiency virus

18 U.S.C. § 1122

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 51 — HOMICIDE

Text

(a) In General.—Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).
(b) Transmission Not Required.—Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.
(c) Penalty.—Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.

History

(Added Pub. L. 103–333, title V, §514, Sept. 30, 1994, 108 Stat. 2574, §1118; renumbered §1122 and amended Pub. L. 104–294, title VI, §601(a)(5), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 113–51, §3, Nov. 21, 2013, 127 Stat. 581.)

Editorial Notes

Editorial Notes

References in Text
Section 377E of the Public Health Service Act, referred to in subsec. (a), is classified to section 274f–5 of Title 42, The Public Health and Welfare.

Amendments
2013—Subsec. (a). Pub. L. 113–51 inserted "or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act" after "research or testing".
1996—Pub. L. 104–294, §601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section.
Subsec. (c). Pub. L. 104–294, §601(a)(5)(B), inserted "under this title" after "fine" and struck out "nor more than $20,000" after "$10,000".

Editorial Notes

Amendments
1996—Pub. L. 104–294, title VI, §604(b)(26), Oct. 11, 1996, 110 Stat. 3508, directed that item 1169 be transferred to appear after item 1168.
Pub. L. 104–294, title VI, §604(b)(25), Oct. 11, 1996, 110 Stat. 3508, amended directory language of Pub. L. 103–322, §330011(d), which amended Pub. L. 101–630, §404(a)(2). See 1990 Amendment note below.
1994—Pub. L. 103–322, title XXXIII, §330010(5), Sept. 13, 1994, 108 Stat. 2143, substituted "Illegal trafficking in Native American human remains and cultural items" for "Illegal Trafficking in Native American Human Remains and Cultural Items" in item 1170.
1990—Pub. L. 101–647, title XXXV, §3536, Nov. 29, 1990, 104 Stat. 4925, struck out item 1157 "Livestock sold or removed".
Pub. L. 101–644, title I, §104(b), Nov. 29, 1990, 104 Stat. 4663, substituted "Misrepresentation of Indian produced goods and products" for "Misrepresentation in sale of products" in item 1159.
Pub. L. 101–630, title IV, §404(a)(2), Nov. 28, 1990, 104 Stat. 4548, as amended, effective on the date section 404(a)(2) of Pub. L. 101–630 took effect, by Pub. L. 103–322, title XXXIII, §330011(d), Sept. 13, 1994, 108 Stat. 2144, as amended by Pub. L. 104–294, title VI, §604(b)(25), Oct. 11, 1996, 110 Stat. 3508, added item 1169.
Pub. L. 101–601, §4(b), Nov. 16, 1990, 104 Stat. 3052, added item 1170.
1988—Pub. L. 100–497, §24, Oct. 17, 1988, 102 Stat. 2488, added items 1166, 1167, and 1168.
1960—Pub. L. 86–634, §3, July 12, 1960, 74 Stat. 469, added items 1164 and 1165.
1956—Act Aug. 1, 1956, ch. 822, §1, 70 Stat. 792, added item 1163.
1953—Act Aug. 15, 1953, ch. 502, §1, 67 Stat. 586, added item 1161.
Act Aug. 15, 1953, ch. 505, §1, 67 Stat. 588, added item 1162.