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Indiana


For information on getting involved in HIV criminalization reform advocacy in Indiana, please email info@seroproject.com.


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions20
Number of convictions15
Applicable laws

Ind. Code § 35-42-1-7

A person who recklessly, knowingly, or intentionally donates, sells or transfers blood, a blood component, or semen for artificial insemination that contains HIV commits a class C felony, but if it results in the transmission of HIV it is a class A felony. (Does not apply to person who, for reasons of privacy, donates blood to a blood center after the person has notified the blood center that the blood must be disposed of or who transfers HIV positive body fluids for research purposes.)

Ind. Code § 35-42-6(e)

A person who knowingly or intentionally in a rude, insolent, or angry manner places (or coerces another to place) blood or another body fluid or waste on a law enforcement or corrections officer, firefighter, or first responder (identified as such and engaged in performance of official duties) commits a class D Felony. If the person knew or recklessly failed to know that the blood, bodily fluid or waste was infected with HIV, it is a class C felony. If the person knew or recklessly failed to know that the blood, bodily fluid or waste was infected with HIV and the offense results in transmission of HIV, it is a class A felony.

Ind. Code § 35-42-2-6(f)

A person who knowingly or intentionally in a rude, insolent, or angry manner places human blood, semen, urine or fecal waste on another person commits a class A misdemeanor. If the person knew or recklessly failed to know that the blood, semen, urine or fecal waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the blood, semen, urine or fecal waste was infected with HIV and the offense results in transmission of HIV, it is a class B felony.

Ind. Code § 35-45-16-2(a) & (b)

A person who recklessly, knowingly, or intentionally places human blood, semen, urine or fecal waste in a location with the intent that another person will involuntarily touch it commits malicious mischief, a class B misdemeanor. If the person knew or recklessly failed to know that the blood, urine, or waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the waste was infected with HIV and the offense results in the transmission of HIV to the other person, it is a class B felony.

Ind. Code § 35-45-16-2(d)

A person who recklessly, knowingly, or intentionally places human blood,body fluid, or fecal waste in a location with the intent that another person will ingest it commits malicious mischief with food, a class A misdemeanor. If the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV, it is a class D felony. If the person knew or recklessly failed to know that the blood, fluid or waste was infected with HIV and the offense results in the transmission of HIV to the other person, it is a class B felony.

Ind. Code Ann. §§ 16-41-7-1, 35-42-1-9

Persons who know of their status as a carrier of HIV have a duty to warn – or cause to be warned by a third party – a person at risk of the following: both the carrier's disease status and the need to seek health care such as counseling and testing. A “person at risk” means past and present sexual or needle sharing partners who may have engaged in high risk activity with the carrier of HIV; or sexual or needle sharing partners before engaging in high risk activity with the carrier of HIV. “High risk activity” means sexual or needle sharing contact that has been demonstrated epidemiologically to transmit HIV. A person who recklessly violates or fails to comply with this law commits a Class B misdemeanor and a person who knowingly or intentionally violates or fails to comply with this law commits a Class D felony.

Ind. Code § 16-41-14-17

A person who, for the purpose of artificial insemination, recklessly, knowingly, or intentionally donates, sells, or transfers semen that contains HIV antibodies commits a Class C felony. The offense is a Class A felony if the offense results in the transmission of the virus to another person. (This does not apply to a person who transfers for research purposes semen that contains HIV antibodies.)

Penalties (all include the possibility of a $10,000 fine)
Class A felony: twenty – fifty years imprisonment
Class B felony: six – twenty years imprisonment
Class C felony: two – eight years imprisonment
Class D felony: six months – three years imprisonment
Class B misdemeanor: no more than 180 days imprisonment and a $1000 fine.

Discussion

Between February 2010 and March 2011, seven cases were reported in the media. (See Positive Justice Project. Prosecutions and Arrests for HIV Exposure in the United States, 2008–2012. Center for HIV Law and Policy, 2012.) Most involved non-disclosure prior to sex but one case involved donating plasma whilst HIV-positive.  There have, in fact, been numerous cases of individuals being prosecuted under Indiana’s transfer and donating contaminated fluids statutes.

Given that there are an estimated 9,893 people living with (diagnosed) HIV in Indiana (Source: Indiana State Department of Health), prosecutions per capita of PLHIV are an estimated 2.02 per 1000.

 

Further reading

Positive Justice Project. Ending & Defending Against HIV Criminalization, A  Manual For Advocates: Vol 1 States and Federal Laws and Prosecutions. Center for HIV Law and Policy, New York. Fall 2010 (with additional laws and cases through December 2011).

Recent cases can be found at: Positive Justice Project. Prosecutions and Arrests for HIV Exposure in the United States, 2008–2012. Center for HIV Law and Policy, 2012.

Further cases and news can be found at: http://www.hivjustice.net/country/us/in-indiana/