(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.
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.
2013—Subsec. (a). Pub. L. 113–51inserted “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”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.