(720 ILCS 5/12-5.01)
(was 720 ILCS 5/12-16.2)
Criminal transmission of HIV.
(a) A person commits criminal
transmission of HIV when he or she, with the specific intent to commit the offense:
(1) engages in sexual activity with another without
the use of a condom knowing that he or she is infected with HIV;
(2) transfers, donates, or provides his or her blood,
tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another knowing that he or she is infected with HIV; or
(3) dispenses, delivers, exchanges, sells, or in any
other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia knowing that he or she is infected with HIV.
(b) For purposes of this Section:
"HIV" means the human immunodeficiency virus or any other identified
causative agent of acquired immunodeficiency syndrome.
"Sexual activity" means the insertive vaginal or anal intercourse on the part of an infected male, receptive consensual vaginal intercourse on the part of an infected woman with a male partner, or receptive consensual anal intercourse on the part of an infected man or woman with a male partner.
"Intravenous or intramuscular drug paraphernalia" means any
equipment, product, or material of any kind which is peculiar to and
marketed for use in injecting a substance into the human body.
(c) Nothing in this Section shall be construed to require that an infection
with HIV has occurred in order for a person to have committed criminal
transmission of HIV.
(d) It shall be an affirmative defense that the person exposed knew that the
infected person was infected with HIV, knew that the action could result
in infection with HIV, and consented to the action with that knowledge.
(d-5) A court, upon a finding of reasonable suspicion that an individual has committed the crime of criminal transmission of HIV, shall order the production of records of a person accused of the offense of
criminal transmission of HIV or the attendance
of a person with relevant knowledge thereof so long as the
return of the records or attendance of the person pursuant to
the subpoena is submitted initially to the court for an in
camera inspection. Only upon a finding by the court that the
records or proffered testimony are relevant to the pending
offense, the information produced pursuant to the court's order shall be
disclosed to the prosecuting entity and admissible if otherwise
permitted by law.
(e) A person who commits criminal transmission of HIV commits a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1046, eff. 8-21-12.)