|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Infected sexual battery; knowledge of convicted person.
Provides that, in order for a person to be convicted of infected sexual battery, such person (i) knew that he was infected at the time of the offense with HIV, syphilis, or hepatitis B and (ii) knew that his infection was currently detectable and transmittable, and committed the offense without using a prophylactic barrier, including a condom or dental dam.
Be it enacted by the General Assembly of Virginia:
1. That � 18.2-67.4:1 of the Code of Virginia is amended and reenacted as follows:
� 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, anilingus, or anal intercourse with the intent to transmit the infection to another person is guilty of a Class 6 felony.
B. Any person who, (i) knowing he is infected with HIV, syphilis, or hepatitis B and (ii) knowing his infection is currently detectable and transmittable, has sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse with another person without having previously disclosed the existence of his infection to the other person and without either person using any prophylactic barrier, including a condom or dental dam, or medication approved by the U.S. Food and Drug Administration to prevent transmission is guilty of a Class 1 misdemeanor.
C. For the purposes of this section, "HIV" means the human immunodeficiency virus or any other related virus that causes acquired immunodeficiency syndrome (AIDS).
Nothing in this section shall prevent the prosecution of any
other crime against persons under Chapter 4 (� 18.2-30 et seq.)
title. Any person charged with a violation of this section alleging he is
infected with HIV shall be subject to the testing provisions of � 18.2-62.
|01/31/2020||House||House: Reported from Courts of Justice with substitute (10-Y 6-N)|
|01/29/2020||House||House: Subcommittee recommends reporting with amendments (5-Y 3-N)|
|01/28/2020||House||House: Assigned Courts sub: Criminal|
|01/07/2020||House||House: Prefiled and ordered printed; offered 01/08/20 20104879D|
|01/07/2020||House||House: Referred to Committee for Courts of Justice|