720 ILCS 5/12-5.01 Criminal Transmission of HIV
Note: This law was repealed in 2021.
This law makes it a serious crime to knowingly try to spread HIV to another person.
This Illinois law says it’s illegal for someone who knows they have HIV to intentionally do certain things that could spread the virus to others, such as having unprotected sex or sharing drug needles. A person found guilty can face a Class 2 felony charge.
(a) A person breaks this law if they purposely try to infect someone with HIV by:
- Having sexual contact without using a condom while knowing they have HIV.
- Giving or donating blood, tissue, organs, semen, or other body fluids for use in another person while knowing they have HIV.
- Sharing or selling needles or other tools used for injecting drugs that aren’t clean while knowing they have HIV.
(b) Important terms:
- HIV means the human immunodeficiency virus or any virus that causes AIDS.
- Sexual activity includes vaginal or anal sex involving an infected person and a partner.
- Intravenous or intramuscular drug paraphernalia means tools or materials used to inject something into the body.
(c) The law does not require that HIV actually be passed to another person for someone to be guilty of this crime.
(d) It is a defense if the other person knew about the infection, understood the risk, and agreed to the activity anyway.
(d-5) A judge can order certain medical or evidence records to be shown privately to the court if there is reasonable suspicion of this crime. The court will decide if the information is relevant before allowing it to be shared in a case.
(e) Anyone convicted of this offense commits a Class 2 felony, which is a serious criminal charge that can lead to prison time.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
